Re: bankruptcy and ex wife

You should get your Lawyer's advice on this, it is really hard to=20
say what is best...you should have had to list your Ex-wife as a=20
Creditor if you filed on any joint debt, regardless of whether you=20
are now liable for it or not. She should have been notified of your=20
BK filing and should have been allowed to object to this debt being=20
discharged.=20

Here is what I found on nolo.com:=20

"Q: My ex-husband incurred debt on a line of credit, originally=20
issued in both of our names, AFTER the divorce was final. He has=20
since claimed bankruptcy; the collection agency is looking to me to=20
pay this debt. Am I liable?=20

A: You learned the hard way about what happens when divorcing=20
couples fail to close joint accounts. If you have the money and the=20
gumption, you could file a motion to reopen the bankruptcy if you=20
didn't get notice of it and ask the court not to let your ex=20
discharge the debt. Or you might be able to file a motion to reopen=20
your divorce case and have the court modify your settlement=20
agreement so you get more money or property to compensate for being=20
liable for the debt."=20

Here is some more info about divorce, debt and bankruptcy...=20

"If a spouse files bankruptcy before, during, or after divorce, the=20
creditors will seek out the other spouse for payment if the debt was=20
held jointly - no matter what was agreed to in the separation=20
agreement/ divorce decree.=20

"A former spouse may object to the discharge of a debt that a=20
divorce court has ordered a debtor to pay if the former spouse would=20
be in financial distress by the discharge. A creditor must bring=20
these objections within 60 days of the =A7341 hearing."=20

The creditor spouse doesn't have to prove fraud or dishonesty; he or=20
she must prove that discharge of the debt creates a greater hardship=20
on the creditor spouse than excluding the debt from discharge would=20
create for the debtor spouse.=20

These non support, marital debts are non dischargeable only if the=20
creditor/spouse files an adversary proceeding within 60 days of the=20
first meeting of creditors. (The rule for support debts is=20
different: they are non dischargeable without action on the part of=20
the benefited party)."=20

A spouse who has the benefit of an indemnity agreement in a divorce=20
decree (a provision that requires the other spouse to pay certain=20
debts or repay the benefited spouse if the creditor makes that=20
spouse pay the debt) may be able to prevent the discharge of the=20
indemnity agreement under 11 U.S.C. 523(a)(15). There are no other=20
bars to one spouse discharging all liability for non tax/ non=20
support debt."=20

I hope this helped...

~Petra~=20