Legal Question in Bankruptcy in Indiana
My husband and I divorced in 2008. As per the divorce decree he was to take over all the debts and have my name removed from these debts. He has now decided to file bankruptcy and I have found that he did not take my name off the debts. What are my options?
2 Answers from Attorneys
you may approach the court and seek declaration and injunction against the creditors.
If your husband filed a Chapter 7 bankruptcy, then he remains liable for the divorce decree's obligation to pay the credit cards. If he filed a Chapter 13 bankruptcy, then you're out of luck unless you spend a lot of money for an attorney to make the risky argument that the credit card obligation was really alimony and not a division of debt.
The credit card companies were not part of your divorce and are not bound by the decree. They can chase you. You'd have to sue your husband if the credit card folks chase you, but only if permitted under the first paragraph I just wrote.
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