Legal Question in Bankruptcy in Georgia

Re: Ex-Spouse Divorce Obligations

His responsibility under the divorce decree does not limit the creditors' ability to come after you for for accounts in your name. The creditors were not a part of the divorce action, and not bound by that order. Those items are commonly dischargeable in bankruptcy, and the creditors may come after you. You can check the records of the clerk for the Bankruptcy Court in which he files. He is obligated by law to list all debts and assets in his schedules.

Re: Ex-Spouse Divorce Obligations

An answer to your question has already been posted, but let me offer another one.

Part of what has already been said is true, i.e. that you joint creditors, such as the credit card companies, will retain their claims against you, despite any acceptance of responsibility for those claims in your separation agreement, or your husband's discharge of those claims in his bankruptcy. Two comments, however. First, the rights of all creditors to proceed against you while deployed are severly limited by the Service Members Relief Act. And second, under last year's Bankruptcy Abuse Prevention and Consumer Protection Act, your husband's obligations in connection with your divorce are probably not dischargeable in his bankruptcy. The BAPCPA elevated "domestic support obligations" to the highest level of priority, effectively making them nondischargeable. And the term is broadly defined.

Next, you can check with the clerk of the bankruptcy court in the place you think your husband may have filed, as suggested in the previous answer. But you can also do so yourself oover the internet through the PACER system -- Public Access to Court Electronic Records. You can get a full docket report, and copies of the petition and the schedules. All debts must be listed (or "included" as you say in your question) when one files bankruptcy. But merely listing a debt does not make it dischargeable. The Bankruptcy Code and the Court determine what is or is not discharged. And you can certainly file an objection to discharge in his case, asserting that his obligations -- all of his obligations -- imposed on him in connection with your divorce are nondischargeable as domestic support obligations.

If enough money is at stake to do so, you should contact a competent bankruptcy attorney in your area. Many lawyers, pursuant to our obligations to serve the community, would be willing to assist you pro bono. Good luck