Legal Question in Bankruptcy in California

Objection to Bankruptcy
Debt was divided in my divorce. Now my ex-spouse is filing bankruptcy. As a cosigner on that debt they will want to come after me next. I have the custody of the three children and he pays no child support as of yet. He is using the amount of the court ordered child support to help his claim but he is not paying it. I can't afford to assume this debt also. How do I object to or block this bankruptcy to protect myself? I don't want to file bankruptcy. I don't know which forms are appropriate and am getting lost in the paperwork.

Asked on 7/14/04, 12:42 pm

2 Answers from Attorneys

Mark Markus Law Office of Mark J. Markus

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Re: Objection to Bankruptcy

You can potentially object to him discharging the portion of the debt which was allocated as his responsibility in the divorce to pay. You need to file a complaint pursuant to 11 USC 523(a)(15) within the time period stated in the bankruptcy notice, but if he can show that he does not have the financial ability to make the payments, or that the benefit to him of detting a discharge outweighs the detriment to you and/or your child, then he will prevail.

Answered on 7/14/04, 12:49 pm

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