Legal Question in Bankruptcy in Ohio

Why does my credit report show bankruptcy?

My ex husband and I were divorced on Jan.12,1999. In the divorce agreement we split credit card debts, car loans, etc.. He filed for bankruptcy in April of 1999. His bankruptcy included a 1996 Ford Explorer which we shared when we were married, but he was to claim all financial obligations of this vehicle in the divorce. Now I am unable to get a credit card because the Explorer loan was included in HIS bankruptcy, not mine. Can I hold him in contempt of court? How can I get my name clear of his bankruptcy claim?


Asked on 2/29/00, 3:10 pm

1 Answer from Attorneys
Ernest Ducey Ducey & Riewaldt

Re: Why does my credit report show bankruptcy?

The bank is not effected by the divorce court order. You are still obligated to pay the bank because of the documents that you signed with them.

There are two ways to go.

1) You could drag him back into divorce court and have them find him in contempt for violating their court order.

2) You could reopen his bankruptcy case and ask that his debt to the bank be held non-dischargable. The easiest way to explain this is that his divorce court order to pay on the truck was in place of alimony. So therefore the bankruptcy court should not discharge this debt.

Check with a local attorney for help becase this can be a very technical area of the law.

Good Luck!

Read more
Answered on 3/20/00, 7:47 pm


Related Questions & Answers

More Bankruptcy Law questions and answers in Ohio