Legal Question in Credit and Debt Law in Illinois

I co-signed for a car for my ex-wife. I was told to pay for her to file for bankruptcy during our divorce so that her debt doesn't fall back on me. The car was awarded to her in the divorce and also apart of the bankruptcy. Now I have attorneys coming after me saying I owe the balance for the car. How is this?


Asked on 10/20/12, 6:04 pm

2 Answers from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

Because you may have gotten bad advice. As you co-signed the loan, (and if you told your lawyers that you did cosign) your wife's bankruptcy did not protect you at all. You remained liable for the debt. The divorce judgment can not change that.

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Answered on 10/20/12, 6:53 pm
Sanford M. Martin Sanford M. Martin, P.A.

Under the law of Illinois and most states, division of marital property is

separate from debtor obligations under contracts. It appears that in your case

the family law court decided that your former wife was entitled to the car, and

that you should be responsible for the debt. It is not unusual. If you owned

nothing on the car, she still would have received it. Your attorney should

explain the court's decision to you.

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Answered on 10/20/12, 6:54 pm


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