Legal Question in Bankruptcy in Massachusetts

Ex-spousal filing for bankruptcy

My ex-wife and I were married for just short of two years. During this time, I cosigned on a line of credit for her to consolidate debts and we also obtained a personal loan from one of my relatives to pay down debt. Upon our divorce, we split the payment of debt. She was to pay the line of credit which consolidated all of her bills and I was to pay the loan to my relative which also consolidated her debt. I just received notice that my ex-wife filed for chapter 7 bankruptcy. Can she discharge the debt that she is responsible to pay as part of our divorce agreement? Can I be held solely responsible to pay for this debt in addition to the other debt I am paying for her?


Asked on 4/05/04, 7:42 pm

1 Answer from Attorneys

David Baker Law Office of David Baker

Re: Ex-spousal filing for bankruptcy

This is not an easy question to answer. Obligations for alimony, maintenance or child support are NOT dischargeable, while property settlements are. A lawyer would have to look at the divorce papers to see how this particular debt was classified, and even then it might have to be decided by a judge. Take this to an experienced bankruptcy lawyer. Good luck!

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Answered on 4/06/04, 2:22 pm


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