Legal Question in Bankruptcy in Michigan

Divorce

I was divorced in Feb of 2001, I agree in the judgement to make the payments on a car that my ex-husband is a co signer and not to hold him reponsible, the car was repossed and then I filed bankruptcy,and included the car and him on the bankruptcy, now he is taking me tocourt to pay the remining balance on the car, which over rides the bankruptcy or the divorce judgement.


Asked on 2/12/02, 10:25 am

1 Answer from Attorneys
Don Darnell Darnell & Lulgjuraj, P.C.

Re: Divorce

It depends on how the divorce judgment was drafted. While a judgment of divorce is only a contract between two parties, which would usually make this type of debt discharged to the lender, shifting the responsibility to the other spouse only, I've seen judgments that had langauge which made the nonpayment of a financial responsibility such as yours "alimony" which is non-dischargable in bankruptcy. If your judgment of divorce has such langauge a court might enforce it. However, I would think that your husband would have to file an adversary proceeding in bankruptcy court to enforce it, which might prove quite costly.

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Answered on 2/12/02, 6:22 pm


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