Legal Question in Bankruptcy in Florida

Bankruptcy and Debts from Divorce

My husband and I divorced last year. In our divorce agreement, he is to pay me alimony and all of our debts. Most were in his name or joint, but several were in my name only. As a housewife during our marriage, he opened these accounts, even those in my name. Now he is filing for bankruptcy, and states he does not intend to pay the debts of mine he assumed in the divorce. Is there any action I can take to collect the payments he was to make per our divorce decree? I have received a notice from the bankruptcy court to appear. Can I be considered a creditor, and if so, can he discharge these debts? I am afraid he will force me into bankruptcy as well. HELP!


Asked on 6/28/02, 6:57 pm

2 Answers from Attorneys
Anthony Comparetto Comparetto Law Firm

Re: Bankruptcy and Debts from Divorce

You have to move fast. The bankruptcy court has very strict deadlines. You need to move to have the debt excepted from discharge. Talk to a bankruptcy attorney.

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Answered on 6/28/02, 7:10 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Bankruptcy and Debts from Divorce

Without reviewing your property settlement agreement it ios difficult to advise. Your divorce atty should be able to help. If the liability to pay was alimony and or support then the obligation may NOT be dischargeable. An adversary action wil have to be commenced in the bankruptcy court to determine dischargeability. You need to seek advice from your divorce atty and most importantly from bankruptcy counsel. You should move quickly.

I refrain from commenting on your notice to appear because you did not indicate what the document says.

If you are in s. Florida, you may contact me at 305 940-8080.

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Answered on 6/28/02, 7:25 pm


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