Legal Question in Bankruptcy in New York

divorce/debt

my ex-husband is in a drug rehab and has acquire serveral bills over the years. CC, car loan(Repoed), doc's & hosps. We are friends. He was sending his bills back w/ a letter telling them where he is & will contact them when able. we put our home in my name in Nov.06 and we Divorces Jan o7 after a 2 yr marriage. Will I be responsible for any of those bills even though I did'nt sign my name to them? Shoud he send the letter to the creditors?


Asked on 7/23/07, 5:43 pm

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

Re: divorce/debt

If your name was not on the bills to begin with, if he owed those bills before you were married, and if he assumed responsiblity for them in the divorce settlement, it's not likely that the creditors can successfully come after you for payment.

However, that doesn't say they can't try to come after you, especially if you were married when your ex started or added to the balance of a particular bill. If his creditors start calling you, run to your nearest lawyer's office. Yes, you'll have to bite the bullet and hire the lawyer, but it will be worth it.

It's generally a good idea to keep creditors in the loop of life events, especially if the bills are unpaid; creditors, too, are human beings and you can do a lot to keep court actions and judgments from happening unnecessarily by keeping them informed. This is a GENERAL comment, however; your actions should not be based on it but, rather, should be based on your own particular situation.

Good luck.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 7/23/07, 6:20 pm


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