Legal Question in Bankruptcy in Mississippi

Ex-husbands debts

I've been divorced for 8 years and my ex filed for chapter 13 a year and a half ago. I have recently recieved a notice of order dismissing case. Now a creditor has been harrassing me over a cosigned debt(boatloan). Our divorce decree clearly states that it is his debt which he has since sold. Can they come after me? What should I do?

Barb


Asked on 2/20/04, 2:42 pm

1 Answer from Attorneys
Gary Fraley California Bankruptcy Attorneys

Re: Ex-husbands debts

Unfortunately, the divorce decree is an order between the 2 of you. It cannot and does not change the creditor's rights that you agreed to when you co-signed for that boat. The creditor has every right to enforce the contract against either of you. You can try to enforce the divorce court order by way of a contempt motion. However, if your ex husband files a regular Chapter 7 bankruptcy he can get rid of HIS obligation to BOTH the creditor AND to you, leaving you still stuck with the debt. Even the divorce court cannot force him to pay the debt then. You could get rid of this debt by filing a bankruptcy yourself IF you can qualify.

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Answered on 2/22/04, 8:22 pm


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