Legal Question in Bankruptcy in Georgia
I am a homeowner/landlord in Georgia. Recently my tenant moved out without paying a couple of months rent and did substantial damage to the property. Husband and wife were parties to the lease but the wife moved out many months ago and they divorced. She filed for bankruptcy (he has not) but he says his attorney says that he is no longer responsible for the debt since it is included in his ex-wifes bankruptcy.
Can that be right, does the bankruptcy of an ex-spouse absolve both parties to the lease of their responsibilities?
3 Answers from Attorneys
Only the person filing the bankruptcy case gets a discharge of a debt. It is unlikely his lawyer told him that.
No. He's still liable unless he files.
You are able to collect from the co debtor. You are no longer able to collect from the wife.
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