Legal Question in Credit and Debt Law in Tennessee
car payment after divorce
i was divorced two years ago and before we were we had bought a car together. in the divorce agreement she agreed to keep the car and make the payments. now three months ago i had received a call from the creditor saying that the car was repossed and sold and i owe the difference cause she has filed bankruptcy. do i owe since the divorce papers had the agree? what should i do cause i don't have the money? thank you.
1 Answer from Attorneys
Re: car payment after divorce
Between you and the lender, you owe the money, since both of you agreed to pay the lender. The lender was not a party to the divorce.
Can you make the ex- pay? She should have had you listed as a creditor in the bankruptcy. After filing, you had, or may still have, the opportunity to file a dischargeability complaint under Section 523(a)(15) of the Bankruptcy Code (unless she filed under Chap. 13), which would prevent the discharge of the debt (to you) for which you are liable UNLESS she can show that the balance of the hardships favors discharging the debt. You must act fast, as the deadline for filing your dischargeability complaint is about 90 days after she filed bankruptcy. Otherwise you are out of luck.
If she filed Chap. 13, all you probably can do is file a proof of claim and get paid some portion of what you had to pay the lender.
Daniel Press
Chung & Press, P.C.
6723 Whittier Ave., Suite 302
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