Legal Question in Bankruptcy in Indiana

Re: Bankruptcy

A person has a constitutional right to file a bankruptcy proceeding (in most cases). The non-filing spouse may have claims (including claims for child support or for division of marital property) against the bankrupt debtor and may need court intervention to recover property owned by the non-filing spouse but in the possession of the bankrupt debtor.

Re: Bankruptcy

Bankruptcy is not a constitutional right-it is granted by federal statute. If you have joint debts with your ex-spouse, the person filing bankruptcy must schedule the non-filing spouse as a co-debtor in the bankruptcy schedules. This would require notice to be sent to the non-filing spouse, who may want to appear and challenge the discharge of the joint debts under 11 USC 523.

It makes a difference who is ordered to pay the joint debts in the dissolution.

When your ex-spouse files, consult an attorney right away since you only have 60 days from the first meeting of creditors to object and protect yourself-most attorneys offer free intial consultations

Good luck!

John E Bator

Bator Redman and Shive, P.C.

317-685-2426