Legal Question in Bankruptcy in California

My ex and I were divorced last year, and the divorce spelled out that we were not responsible for each other's car loans. However, I had co-signed for her car in 2009. She filed for bankruptcy in ohio in Nov, and stopped paying her car payment. I just noticed that my credit dropped over 120 points due to her non-payment. Is this a mistake or am I liable? I was never asked or notified of the outstanding debt. I have filed disputes with the 3 credit bureaus and my ex is going to ask her lawyer why this happened. We are on speaking terms, there is no maliciousness.

Is this a mistake?


Asked on 2/27/13, 10:47 am

2 Answers from Attorneys
Charles Andersen Charles Andersen, Atty

http://www.absolutebankruptcy.org

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Answered on 2/27/13, 11:25 am
Asaph Abrams Law Office of Asaph Abrams

Divorce division of debt doesn't bind creditors; a cosigner remains liable vis-�-vis creditors. Such de facto shifting of liabilities can compel reassessment of the division of debt and property in one's dissolution of marriage.

This answer (by San Diego bankruptcy attorney, Asaph Abrams) doesn�t address all facts & implications of the question; it�s general info, not legal advice to be relied upon and exceptions may apply. It creates no attorney-client relationship; it may be pertinent only to CA and/or its Southern District Bankruptcy Court in San Diego. It�s independent of other answers. It may be time sensitive, as in past the �Use by� date: laws and case law change. Hire a bankruptcy lawyer before acting or refraining from bankruptcy or other legal action.

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Answered on 2/27/13, 11:27 am


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