Legal Question in Bankruptcy in Georgia
Bankruptcy and cosigner
In Georgia if an ex-spouse files for bankruptcy and you are a cosigner on an account... is it required that they notify you when a bankruptcy is being filed, especially if in a divorce decree it specifies that your ex is responsible for any debt incurred after the separation date? And if not and you get stuck with the debt, can you sue them for breach of the divorce decree.
1 Answer from Attorneys
Re: Bankruptcy and cosigner
Depending on the facts, the obligations to you (possibly including the debt you get stuck with) may be nondischargeable in the bankruptcy case. You should keep up with the Bankruptcy case, and you may need to file pleadings in the case and not in another court. You probably should have been listed on the bankruptcy schedules, if only for notices.
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