Legal Question in Bankruptcy in Wisconsin
I filed for a ch 13 BK and it was discharged in 2009. My ex-wife took me to court stating that i was in contempt of court because the bank went after her for one of my debts from the divorce. The judge found me guilty of not paying the debt and was going to lock me up for 30 days. The bank would not talk to me because of filing the BK. Is this legal, and what can I do to fight back. I do not wat to go to jail, but i dont think i should have to pay twice for a vehicle i do not have.
1 Answer from Attorneys
For divorcing couples, bankruptcies often work much better for both if filed prior to the divorce becoming final. That way, all debts of the marriage can be discharged without danger of a creditor going back after the non-filing former spouse later as in your case. Discharge of debts relating a any divorce obligations can be denied, based upon a complex balancing test determining who can best handle the debt. Family and bankruptcy courts have joint jurisdiction to decide these issues. It may not be too late for you to raise this issue back in bankruptcy court before the contempt order goes into effect. However, depending upon the amount due, it may or may not be worth the expense to go back to bankruptcy court to litigate this issue. You therefore need to consult with an experienced bankruptcy lawyer as soon as possible on this issue. My comments here are not legal advice, nor do they create an attorney client relationship between us; rather they are only for public educational purposes on this website. You are; however, always welcome to contact my office in Racine to discuss any additional questions which you may have. Answers may also contain advertising materials.