Legal Question in Credit and Debt Law in Washington
loan with divorced spouse, who files bankruptcy
My divorce was finalized February of 2002. My ex-husband was awarded the responsibility of a personal loan for $6,500.00. He filed Bankruptcy after the finalization of our divorce. The loan is in both our names and the bank is going after me for the $6,500.00. I was not notified of the bankruptcy, until the bank called me for the past due collection of the loan. I know the bank has every right to collect from me, but can I do anything to make my ex-husband pay the loan?
1 Answer from Attorneys
Re: loan with divorced spouse, who files bankruptcy
Like most answers to legal questins, it depends. There is a possibility of objecting to the discharge on the basis that the debt is in the nature of alimony or child support and should not be discharged.
There is also a possibility of objecting to it on the basis that discharge is unfair. (523(a)(15) This is a much more complicated analysis.
It all depends upon the facts. There may be other bases for an objection to discharge as well. Since you were not listed in the bankruptcy, the time periods for filing an objection to discharge present a question. If you had been scheduled, the time for objecting would be set by statute. Since, apparently, you were not, the timliness of an objection is a new question, unfortuantely, not one with an easy answer.
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