Legal Question in Family Law in Georgia
Collection Agency involved, ex-spouse filed bankruptcy & divorce decree issues
My fiance just found out last week that his ex charged up $18,000 in credit card debt to an account that his name was supposed to have been taken off of two years ago.
So now the collection agency is coming after him.
In a three way phone conversation, he found out she had just filed bankruptcy but she said that she charged the debt and the account was hers even though he is shown as the only person on the account now.
In the divorce decree it states that any debts incurred by the individual party after Feb 2004 are the responsibility of that party and should cause no harm to the other... so basically she is responsible for paying for it.
Is this still so if she filed bankruptcy because the divorce decree still says she is liable.
His credit was beautiful before this but has dropped about 170 points since than and he is now ruined. Can he get that taken care of or are there any actions that can be taken to take care of this.
Additional info includes... we live in Utah, she lives in Georgia and that is where the divorce papers and bankruptcy were filed.
I want to know if there is a way to change the divorce decree to maybe stop paying her alimony and retirement to take care of this debt if she agrees or sue her.
2 Answers from Attorneys
Re: Collection Agency involved, ex-spouse filed bankruptcy & divorce decree issues
You may need to take action in both the divorce court with a motion for contempt and in the bankruptcy court with an objection to discharge her obligation to her ex to indemnify him. Such an obligation may or may not have been dischargeable, depending on the law in effect at the time of the bankruptcy filing and depending on the language of the agreement. You should review the case with attorneys in Georgia, one who practices family law and another who practices bankruptcy law. Each attorney should be made aware of the issues so they can coordinate their efforts to obtain legal relief to your fiance.
There may be the availability of your fiance's attorney's fees being ordered to be paid by her, but the attorneys reviewing all the facts would be able to advise you after reviewing the case with you.
If we can help on the family law issue, please let us know.
Re: Collection Agency involved, ex-spouse filed bankruptcy & divorce decree issues
He should have an attorney file an objection to discharge on the credit card accounts and assert fraud and the divorce decree. You can go back to the divorce court and sue for contempt of court, get damages there as well, and an order requiring her to pay the debt as a fraudulent transfer and a breach of the divorce decree. If you do nothing, your hubby pays.
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