Legal Question in Bankruptcy in Utah

Divorce and bankruptcy

I have decided to divorce my husband after 3 years of marriage. He is in the military and I am stationed with him in Utah even though we are both Arizona residents. 6 weeks ago he borrowed money against his military pay checks and now cannot afford to pay it back, since I am divorcing him he has now threatened that he is going to file for bankruptcy and therefore the creditors for the bad checks will come to me for full payment. My question is:can they do this as he only signed the checks without my knowledge. My concern is that the checking account is in both of our names. Thanks


Asked on 3/29/03, 10:58 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Divorce and bankruptcy

It is unlikely that he would actually file bankruptcy over 3 checks. However, if you have significant unsecured debt bankruptcy may be considered. If you get divorced, the court can allocate debt between you, even if he files bankruptcy, the court can order him to pay some of the debts he declared in bankruptcy. He will have to indemnify you for those debts. But, the creditors may still come after you for the money, even though he may have to repay you in the future.

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Answered on 3/29/03, 4:08 pm


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