Legal Question in Bankruptcy in North Carolina

I am divorced and have remarried, my ex has stopped paying on a loan we had but was agreed in the separation agreement that he was to pay for, he is going to file bankruptcy and is telling me i must file with him or i will be lible for the bill, I do not want to file but i need to know if i don't can they come after me or my current husband we don't own a home or anything of value but he does have some money that his dad left him should i take my name off his savings account?


Asked on 7/27/09, 1:56 pm

1 Answer from Attorneys
Thomas Zimmerman Zimmerman Law Office

If you have signed the application for a debt or are otherwise obligated to pay, that obligation to the creditor is not changed with the entry of a divorce decree. You are correct in the belief that the creditor may seek collection from you if payments stop and/or the debt is discharged in your ex's bankruptcy. You should consult a lawyer because you have at least three remedies. 1. Negotiate a settlement with the creditor to settle the debt. 2. File your own bankruptcy, if your financial situation justifies or requires it. You cannot file jointly with your ex husband. You can file alone even though you are married. 3. You can seek to have the bankruptcy judge hold that the debt is not discharged and your ex would remain obligated to pay. This requires an Adversary Proceeding in bankruptcy and it must be instituted within 60 days of the first date set for the Meeting of Creditors.

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Answered on 7/27/09, 7:42 pm


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