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Bankruptcy & Divorce Decree


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My divorce was 1/2010. It was a very generic form that stated I will pay these credit cards and ex wife will pay those. There was no hold harmless clause. I have become disabled with no job or income and want to file BK. Will the court deny the discharge for the credit card debt because of the divorce decree saying that I will pay those credit cards?

Will the court even know about the divorce decree? It's already been 2 years since the divorce anyway. I now live in NY and would file here. Divorced in AZ.

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A successful bankruptcy removes your liability to repay.

You will probably have to supply a copy of your divorce decree to the BK Trustee, along with a bunch of other documents required for the BK. Your BK attorney will have a list.

Supply all the information to the BK court it is not only in your best interest, it is mandatory. You don't want to mess with the Trustee by not supplying the required documentation.

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As Willing said, the CC companies etc. will follow the money. If they can no longer get it from you because of the BK, they will go after your ex. But, you should be clear, just stay on the up and up to make sure it doesn't come back to haunt you. You can bet she probably will be getting in touch with you after wards.

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