Legal Question in Bankruptcy in Texas

My ex wife owes me $30k (15 for my lawyer fees + credit card debt she ran up in my name) as stated in our final divorce decree. Plus, we are both responsible for paying on a promissory note of $10k at a rate of $100/month for the short sell of our house.

Now she is filing for ch.13 bankruptcy in TX and I'm trying to prepare myself. I am filing a proof of claim, but I have a few questions: 1.) is it likely that any of these debts will be discharged or will they be restructured? 2.) How will this affect me? 3.) can I ask more personal questions at the creditors meeting, for example I have written proof she ran up the debt on purpose?


Asked on 6/04/12, 2:43 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

If she filed for a 13 the debt would be restructured over a 5 year plan.. Depending upon her income and the priority of the other debts, some of the lower priority debt may be discharged.

It sounds like you are both on the promissory note regarding the short sale. If you both signed the note for the short sale, and the note is discharged in bankruptcy, the lender will look to you for the entire payment. If you were to file bankruptcy as will, this would deal with the all of the debt you both owe.

I suggest you review your situation with a bankruptcy attorney.

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Answered on 6/04/12, 3:34 pm


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