Legal Question in Bankruptcy in Georgia

In the final degree in 2008, My friend's spouse was given their home and they agreed to not be responsible of each others debts.

She filed for bankrupcty in 2010 and now the bank is coming to him for a Line of credit and credit card with balances. What are his recourses?

He has ask them for documents showing he was a signature on the loans. At one point a tel call stated that their records showed he had ask to remove his name. They took his name off but left his ss #.

Can she dismiss the LOC in her bankrupcty and still retain the home and the bank make him pay?


Asked on 7/11/11, 8:59 am

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

The simple answer is that he is still liable for all the debts he was liable for before the divorce and before her Bankruptcy. The court in the divorce does not get him out o debts to others. We don't have that information and your post is far from clear. He should know what his liabilities are, and whether he signed loan documents.

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Answered on 7/11/11, 9:31 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

As I am sure his divorce lawyer told him at the time (and he needed a lawyer), this was a danger in this type agreement. He remains liable to the bank. He probably can sue her for contempt, but that may depend on what he filed in the bankruptcy (and again, he needed a lawyer to represent him as a creditor in that case). Assuming he had a lawyer in both, he already knows all this. If he doesn't have a lawyer, he needs one now (and probably needed one sooner than now).

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Answered on 7/11/11, 12:41 pm


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