Legal Question in Bankruptcy in North Carolina
Ex-husband Filing Bankruptcy
Per our separartion agreement, my ex-husband agreed to pay certain debts of our former marriage. Some of the debts were in his name only, some in my name only and some in both of our names. I agreed to pay some as well. I have kept my end of the bargain but he has not. I just was notified yesterday that he has filed Chapter 7 Bankruptcy. How does that affect me? How will the separation agreement protect me from having to pay debts that were in my name only but that he agreed to pay? The car that I drive and am paying for is in his name but was a debt I agreed to pay for. I have almost paid it off. What happens to the car? The bottomline is this: How does the bankruptcy court take into consideration the separation agreement? Thanks for your consideration of this question
1 Answer from Attorneys
Re: Ex-husband Filing Bankruptcy
His debts to you (other than alimony and child/spousal support), including his obligation to you to pay the creditors, will be discharged unless within 60 days after the date first set for the meting of creditors you file a complaint to determine the dischargeability of his obligation under section 523(a)(15) of the bankruptcy code. To discharge the obligation, he will then have the burden of proving that he lacks the ability to pay the debt or that the benefit to him of the discharge outweighs the burden to you. You should have a lawyer do this for you. Act fast - these deadlines come very quickly.
Daniel Press
Chung & Press, P.C.
6723 Whittier Ave., Suite 302
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