Legal Question in Bankruptcy in Illinois

I have a discharged chapter 7, my ex-spouse is trying to discharge the same debt

I filed chapter 7 two years ago. My ex-husband is trying to discharge the same debts. Can he discharge the same things once they have been through banckruptcy court through chapter 7?


Asked on 5/30/01, 8:14 pm

1 Answer from Attorneys
Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Re: I have a discharged chapter 7, my ex-spouse is trying to discharge the same

Yes. "Debts" do not get discharged in bankruptcy. Rather an individual's personal liability for the debt is discharged in the bankruptcy proceeding. When you went through bankruptcy, only your personal liability on the apparently joint debts was discharged. Now, your ex-husband, the joint debtor, can discharge his liability through his own bankruptcy proceeding.

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Answered on 6/23/01, 12:14 pm


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