Legal Question in Bankruptcy in Utah

house loan ,divorce decree ,bankruptcy

20,000 loan on house made. Spent money on trucking company.house payments responsiblity of husband and wife husband finds new love. files divorce. court paper says he is to make payments. losing truck. filing bankruptcy papers. Wife's mother owns house. on the loan myself and the ex are the bowwers and mother co-signed. the title in mothers name. Can he go bankrupt on house loan if it is in the divorce decree??


Asked on 9/04/02, 11:24 pm

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: house loan ,divorce decree ,bankruptcy

One can file bankruptcy after a divorce and be discharged from the debt from the creditor, however, because of the divorce decree either one of the two things occur - joint debts for which the husband are responsible are not discharged by the bankruptcy court OR the court will enforce the duty of the husband to reimburse the spouse and indemnify her from the debt. Bottom line, one way or another after a divorce your husband will have to pay the debt. The reality is that the wife may have to pay the debts to the creditor, but she is entitled to recover all amounts she paid from the husband.

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Answered on 9/05/02, 10:36 am


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