lonestar Posted February 23, 2005 Report Share Posted February 23, 2005 Question, I have my creditors meeting in a few weeks, since my filing and preparation of my paperwork my debts have increased. I'm talking about credit card accounts, that have not been in use for over three months but continue to have late fees and interest tacked on to the debt. Does this need to be changed during my creditors meeting or is it already assumed that you have provided the company name and acct # and that debt will be dissolved (even though the debt for that acct # has increased due to late fee's ect..)?? and if the credit company has sent or sold the acct to a collection agency do I need to also provide that update at my creditors meeting.One more question, regarding divorce and bankruptcy. Based on a divorce decree, can an ex-wife who is on some accounts which will effect her, legally (lawsuit) come after me because I initially took on these accounts in our divorce decree. However since our divorce date my financial situation has changed greatly and I'm unable to pay on these accounts, hence my need to file bankruptcy. ????? If I get a discharge from the bankruptcy court can she then come after me to pay these debts which will fall into her lap by the creditors. Can she file a lawsuit against me for this debt? Even if I went to court for bankruptcy protection and got it? Link to comment Share on other sites More sharing options...
willingtocope Posted February 23, 2005 Report Share Posted February 23, 2005 Well I can answer your first question. Your BK debts will be discharged as of the date of your filing...not the 341 meeting. So...even though the CCs continue to add lates and so on, they were notified of the BK (assuming you listed them on your schedules) and all activitiy stopped as of that day. Same for the CO's and sales, although you may have to do some credit repair 3-6 months after your discharge in order to get these properly listed as IIB on your credit reports.As for you second question...there are some other posts here about divorce and discharged debts already. Do a search and see if any fit your circumstances... Link to comment Share on other sites More sharing options...
LadynRed Posted February 23, 2005 Report Share Posted February 23, 2005 Your divorce decree has absolutely NO bearing on the bankruptcy court and once the debts are discharged, NO ONE can attempt to collect from you for them, not even the EX waving the divorce decree. Hopefully you added the EX as a creditor, if you did not, it would be a good idea to do so. A state/county family court cannot make you pay a debt the FEDERAL BK court says you are no longer liable for. Your EX will bear the full brunt of those debts if her name was on them. Link to comment Share on other sites More sharing options...
lonestar Posted February 23, 2005 Author Report Share Posted February 23, 2005 Thanks for the infor;My ex is not listed as a creditor, is this necessary to keep her from filing a lawsuit against me or more important winning. In our divorce she amassed legal fees in which at the time a agreed in the divorce decree to pay a part of her attornys fees. I also had a truck repo she was jointly assigned too and after auction we owe $7,000 to the bank.I listed the lawyer fees and $7,000 as part of my bankruptcy along with some credit card accounts.So if she is not listed as a creditor can she come back to court and can a cival (divorce court) whatever hold me in contempt for violation of the divorce decree, and can she win a judgment for these debts down the road after my discharge. Just want to make sure all my bases are covered. I think I read somewhere if you did not or forget to list a creditor in no asset ch7 cases (which is what ive filed), it does not matter that a creditor was not listed or notified and would this apply to my ex-wife; is this true? Link to comment Share on other sites More sharing options...
LadynRed Posted February 24, 2005 Report Share Posted February 24, 2005 While there is case-law to support the discharge of debts to unlisted creditors, there's also case law to the contrary. By including your EX as a creditor you short-circuit any attempts by her to collect from you for anything - ever. In this case, its better to list the EX and be 100% sure its in your BK papers. As I said before, once you have been relieved of ALL liability for your debts by the Federal BK court, no lower court can MAKE you pay on a discharged debt. If no one objects to the discharge of the debts, they lose. The only time your Ex might prevail is if she files an objection. If she could prove that the discharge of those debts would do more harm to her than benefit you, they court may decide not to allow discharge of only those debts. Link to comment Share on other sites More sharing options...
kiloecho Posted February 24, 2005 Report Share Posted February 24, 2005 I have some experience in this area becuase my ex filed bk and we had joint accounts. Creditors are not partys to a divorce decree all they care about is getting their money. However, in our divorce decree it was stated that if either one of us filed bk the other could bring a motion to not discharge the debts. I can't remember the statute number but it allows some protection for the possbily injured spouse. He did add me as a creditor becuase he had a smart lawyer. In my case I had to cough up 10 grand to pay off the debt to keep me out of his bk. Ultimately he was just being a total pecker head and was trying to take me out financially . I borrowed the money from my mother so I told her to sue him on my behalf. LOL. She wasn't listed as a creditor, right?? He was the poster child of sterling credit prior to this. So, yes your actions will probably affect your ex spouse. Divorce is nasty enough without having to add a BK in the mix. Your ex will just get stuck with the bill. good luck. Link to comment Share on other sites More sharing options...
LadynRed Posted February 25, 2005 Report Share Posted February 25, 2005 However, in our divorce decree it was stated that if either one of us filed bk the other could bring a motion to not discharge the debts.You don't need any decree from a local court for this, its already in the Title 11 Bk code, ANYONE can file a motion to object to the discharge of a debt. § 523. Exceptions to dischargeRelease date: 2004-03-18(a) A discharge under section 727, 1141, 1228 (a), 1228 (, or 1328 ( of this title does not discharge an individual debtor from any debt—(15) not of the kind described in paragraph (5) that is incurred by the debtor in the course of a divorce or separation or in connection with a separation agreement, divorce decree or other order of a court of record, a determination made in accordance with State or territorial law by a governmental unit unless—(A) the debtor does not have the ability to pay such debt from income or property of the debtor not reasonably necessary to be expended for the maintenance or support of the debtor or a dependent of the debtor and, if the debtor is engaged in a business, for the payment of expenditures necessary for the continuation, preservation, and operation of such business; or( discharging such debt would result in a benefit to the debtor that outweighs the detrimental consequences to a spouse, former spouse, or child of the debtor; Link to comment Share on other sites More sharing options...
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