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socrateaser, Attorney
Category: Bankruptcy Law
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Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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My soon to be exhusband filed chapter 13 bankruptcy two days

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My soon to be exhusband filed chapter 13 bankruptcy two days ago. We have divorce court hearing in several days. By Concent order he owe me $60,000 dollars as my part of property distribution after separation. He failed to pay it in February 2009 and case is in the court now. We still owe two doublewide himes and one of them is on Mortgage. I am debt cosigner. He also did not pay taxes on the property and I lited as cosigner too. I left homes almost year ago. Also I borrowed $60,000 dollars for downpayment for house I bought after separation since I thought that I will pay my debt when I receive my $60,000. Now I am stack with my debt and also I am afraid that I will be stacked with the mortgage and property taxes payments since I am cosigner. By Court Order my stbx responcible for debt as part of property distribution but now I am not sure that it is true. What can be done in my case? He filed Chapter 13 but he do not have steady income and in the past he was constantly late in childsupport payments. We still has this case in the court. Please help.
Submitted: 7 years ago via RocketLawyer.
Category: Bankruptcy Law
Expert:  socrateaser replied 7 years ago.

To the extent that your ex was made liable to you for a debt incured during marrige as part of the consent decree, that debt is nondischargable in bankruptcy. If the debt was simply assigned to your ex, then he can discharge it and leave you "holding the bag."


Hope this helps.


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Customer: replied 7 years ago.
Sorry I am not American so I do not understand "holding a bag" expression. Does it mean that I will need to pay his debt? What about money he owe me? I borrow same amount for down payment and now I am in debt. Can I get anything back? He did all of that only for the perpose not paying me. We had a domestic violance case, I have protective order agains him and for him this is another way to hurt me. Also what about properties? If he discharged both houses, does it mean he will have them and I lost right to them? Sorry that I asking so much, I am in shock.
Expert:  socrateaser replied 7 years ago.

My apologies.


Does it mean that I will need to pay his debt?


A: If the debt was simply assigned to your ex, and was not deemed owing to you separately in the event of nonpayment by the spouse, then it is dischargable and you can be held secondarily liable (but, you could file bankruptcy yourself and have the debt discharged as to you).


If the debt was deemed owing to you in addition to being assigned, then it is nondischargable in bankruptcy and your ex cannot escape the debt.



Q: What about money he owe me?


A; He cannot discharge these debts in bankruptcy. He will owe them to you after bankruptcy, the same as before.


Q Also what about properties? If he discharged both houses, does it mean he will have them and I lost right to them?


A: If you are still on title to the properties, then you still own them after bankruptcy. But, you're liable for the mortgage, whether or not your ex is discharged from liability by the bankruptcy court.


Your issues are heavily tied to your consent decree. You will need to have a local attorney who understands both family law and bankruptcy law to figure out the exact status of your rights. It's too difficult for me to analyze here without reading your court orders.

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