Legal Question in Bankruptcy in Minnesota

codebtor filed bankruptcy

My exhusband and I divorced, and we agreed to split our debts 50/50. I paid my share, he was late or didnt pay his. After 3 years, he filed for bankruptcy. He had taken 3 credit cards issued to me in his half of the debt, two have written off the balances to bad debt...the third served me with a summons today. They are suing me for the balance he took over, interest, and attorney fees...total $5500 approx. Is there anything I can do to protect myself, my divorce attorney says I should pay it. I know he can reaffirm that debt, and the children are trying to get him to do so. I am in Minnesota.


Asked on 5/21/02, 6:15 pm

2 Answers from Attorneys
Andrew Nichols Law Office of Andrew B. Nichols

Re: codebtor filed bankruptcy

If the credit card company aggressively pursues it against you there is nothing you can do. They will eventually take a judgement against you. If your ex reaffirms it would spare you. Or, if worse comes to worse you could file a ch. 13 a repay a portion of the debt over 3 years -- sort of like a payment plan that the credit card company would be forced to accept. ph. (612) 677-0161

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Answered on 5/22/02, 10:18 am
David Kelly-952-544-6356 Kelly Law Office

Re: codebtor filed bankruptcy

Since about 1997 debts which have been ordered paid as part of a divorce property settlement are not discharged in the bankruptcy. So it depends on how long ago the bankruptcy was filed. I would have to research the exact date that change went into effect, but if your X filed after that date he still is obligated to pay these debts.

Assuming the debts are not discharged, your remedy is a contempt of court motion. This of course does not slow down the suit against you. I suppose there is a chance that you may have to file your own bankruptcy.

Good luck.

This response is for general information purposes only and does not create an attorney-client relationship. You are advised to consult the attorney of your choice concerning the details of your case.

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Answered on 5/22/02, 1:21 pm


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