Legal Question in Bankruptcy in Alabama

Divorce after Bankruptcy

In the divorce decree it states that I am only responsible for payment of a Chevy Blazer and that my ex is responsible for all other debts that were previously filed in bankruptcy. If my ex fails to pay for his debts, am I responsible by law to make payments on his behalf? Seeing that bankruptcy papers were signed first then re-negotiated later in the divorce decree, I would not be responsible for his debt.


Asked on 9/01/05, 10:09 pm

1 Answer from Attorneys
Randal Ford Ford Firm

Re: Divorce after Bankruptcy

Depends on your bankruptcy papers.

You cannot "renegotiate" your "bankruptcy" in a domestic relation (divorce) case. Your bankruptcy is what it is - period. I would think that the Circuit Judge in Alabama (where I presume you got divorced) was not aware of the Bankruptcy case or there would not have been any debts that were "discharged" in the bankruptcy in the divorce case.

The other question is whether you reaffirmed the Blazer in the Bankruptcy, which might mean that it IS a valid divorce subject.

NO ONE can answer your question by email or post!

You need to call a local bankruptcy attorney where you live now, take a copy of your bankruptcy petition to them AND take a copy of your divorce papers to them and just let them look at the documents. The DOCUMENTS will tell everyone what is going on. You may have to pay a consultation fee but I believe the peace of mind will be well worth it.

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Answered on 9/02/05, 10:07 am


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