Legal Question in Bankruptcy in Alabama

Ex filed bankruptcy on an account that was in my name

My ex and I were divorced 4-26-96. We have a court order showing the division of debts. Most of our debts were in my name. He never paid and when I threatened to pay them and then take him to court for contempt of the order, he filed bankruptcy on them in Sept. of 1997. I didn't have any problems with any of those creditors until 12-99 when one of them has started pursuing me for payment again. Is this legal? Doesn't bankruptcy (Ch. 13) put a stay on these accounts and prevent collection except from the trustee until the end of the bankruptcy term? This is what his attorney told him, but the debt collectors are telling me different. Thanks for any help you can provide.


Asked on 12/30/99, 8:17 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Ex filed bankruptcy on an account that was in my name

Under Section 1301 of the bankruptcy code, a Chapter 13 (and ONLY a 13) stays all actions to collect against co-debtors until the end of the case, unless the creditor files for relief from the stay. You are entitled to file in the bankruptcy court a motion to have the creditor or collection agency held in contempt, and you possibly have a claim against the collection agency under the Fair Debt Collection Practices Act.

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Answered on 1/03/00, 4:06 pm


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