Legal Question in Bankruptcy in Tennessee

am I responsible

My wife and I were divorced in May 2000. In our final decree it states there is no joint debt. I was awarded the marital home and she was awarded the retirement. She filed bankruptcy,which was discharged in October 2002, on debts that were solely hers which all but one were acquired after our divorce. The one debt was a credit card in her name that is specifically mentioned in the final decree as being solely her debt. She failed to file a quitclaim on the house transferring the recorded ownership of the property to me. The trustee is now attempting to make me sell my home to pay her debts due to this technicality. Is the final divorce decree stating that she forfeited the house not enough to prevent this from happening?


Asked on 7/27/03, 5:26 pm

1 Answer from Attorneys
Misty D. Becker Rikard & Dobson, P.L.L.C

Re: am I responsible

Unfortunately, your interests would best be served by retaining an attorney. You will need to enforce your rights under the decree and in bankruptcy court to keep the Trustee from taking the house. Unfortunately, bankruptcy court has deadlines for claims of creditors. An attorney would need to see the Decree and bankruptcy documents to determine what could be done in your case.

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Answered on 7/28/03, 11:35 am


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