Legal Question in Family Law in Wisconsin

bankruptcy vs family divorce law

I filed for a chapter 13 bankruptcy in 2001 to clear all debts. My martial debts from a 1996 divorce were listed and my ex husband was listed as a co-creditor and informed by the court and myself that he was listed as a co-creditor. He chose not to dispute anything. It is know 2003 and the creditors are seeking garnishment from him. He is threatening civil suit saying I could not claim martial debt in the bankruptcy despite the bankruptcy was the only option for relief and deemed appropiate by the court. It is fully discharged and no creditors or co-creditors contested anything. Am I still liable for 1/2 the debt or any of the debt if I am cleared by the bankruptcy court?


Asked on 9/19/03, 5:19 pm

1 Answer from Attorneys
Mark Mahoney Cassiani Law Office, Wise Shepherd Law Office

Re: bankruptcy vs family divorce law

Hello,

Bankruptcy and divorce law -- are complex when added together like this. So what I am going to tell you is just some thoughts ... it may or may not apply to you. The only way to know is for a lawyer to meet with you, get all the facts and then look at the law, and then advise you. That said, usually a divorce settles debts between the parties, but does not affect creditors at all. So after the divorce the parties can still owe the creditors. If one party declares bankruptcy, they get rid of their half the debt that is listed. Prior to that time you are still liable for debts even if the divorce said they were all his. That means nothing to the creditors. Now that you did a bankruptcy, there is a chance the creditors can go after you in some circumstances, but you might be ok. You mention your ex-suing you. It seems like he would have less grounds to do that than a creditor would. If he sues you, he still wont get anything unless he has a case.

Bottom line: if you want to know for sure if he has a case, talk to a lawyer. Or wait to see if he is bluffing and then defend. The choice is yours. Best wishes, Mark J. Mahoney 920-984-4529

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Answered on 9/19/03, 6:43 pm


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