Legal Question in Bankruptcy in Florida

divorce and bankruptsy

i have been divorced for 8 months. i left my ex in florida to move to nevada. i took my name off everything i could, except our primay house, second mortgage, rental house and two trucks my ex used for his bussines(which failed). i have since bought my own house and have it homesteaded in nevada. he is declaring bankruptsy in florida. the primay house is in foreclosure and one truck has been repoed. i had quickdeeded both houses to my ex before i left( in order to qualify for my nevada mortg.). his lawyer told him to tell me to sit tight to see if the creditors came looking for me. do i need to declare bankruptcy before they find me, to prevent them from garnishing my wages etc. there is very little info. out there on what happens to co-signers that are divorced and what the creditors can do to them. i have four kids to think about also. thank you for your help. ms charboneau


Asked on 2/15/01, 1:28 am

1 Answer from Attorneys
Wendell Finner Wendell Finner, P.A.

Re: bankruptcy following divorce

When a spouse is responsible for joint debts under the divorce agreement, he may still be required to pay those debts even though he has filed bankruptcy, if his agreement to pay the debts is support to the other spouse. However, neither the divorce nor the bankruptcy of one spouse will relieve the other of her obligations to creditors. Generally, non-government creditors must get a court judgment for their debts, including service of a summons on the debtor, before they may garnish wages. The foreclosure and failure to pay will appear on the non-filing spouse's credit report.

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Answered on 3/30/01, 7:23 am


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