Legal Question in Bankruptcy in Minnesota
Co-sign responsibilities after chapter 13
During the separation before divorce, my husband filed chap 13 bankruptcy and has completed his obligations to the creditors. I am now being asked to pay off one of those listed debts (which I co-signed). Am I still responsible for this debt?
2 Answers from Attorneys
Re: Co-sign responsibilities after chapter 13
I'm afraid the answer is yes you are. The bankruptcy discharge only applies to the person who filed the bankruptcy.
Of course, the debt should be reduced by whatever was paid under the Chapter 13 plan.
Sometimes the filing of a bankruptcy by a spouse or former spouse may force you into having to file as well.
Good luck.
Re: Co-sign responsibilities after chapter 13
This e-mail contains general information and is not legal advice.
You probably are responsible depending on the natuire of the debt and depending on how the debt was divided in the divorce decree. In some cases the taking of debt by one spouse in a divorce gives rights to the other spouse to contest the discharge of the debt in bankruptcy. You may also have statute of limitations defenses to the debt.
For more general information on bankruptcy please see my web site at www.all-bankruptcy.com
Thank you and good luck -
Ronald J. Lundquist
651-331-9814
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