Legal Question in Credit and Debt Law in Georgia

I am divorced and am going to file bankruptcy; will creditors persue my ex-wife on joint debts


Asked on 3/08/11, 5:29 pm

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

The fact that you posted here sounds like you made a mistake in not being represented by counsel in a divorce, and may be about to repeat that mistake in bankruptcy, as the complex interaction of divorce and bankruptcy requires personalized counseling.

When you file bankruptcy, if it is a chapter 7, creditors WILL pursue your ex. If it is a Chapter 13, they MAY or may not depending on the case. Regardless, you may NOT be able to discharge marital debts if your divorce left you with responsibility for them, and your filing could later result in you being found in contempt, depending on facts we do not have.

You need a lawyer experienced in both bankruptcy and divorce to navigate the waters. If you are in or near Atlanta, call me at 404-768-3509.

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Answered on 3/08/11, 5:35 pm


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