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Roger
Roger, Attorney
Category: Bankruptcy Law
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My ex wifes attorney has drafted a martial agreement for me

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My ex wife's attorney has drafted a martial agreement for me to review before our prove up date. However i am responsible for 70% of the martial debt which totals 14,000 approx. 12k of it is a credit card that is her name. They want me to transfer credit into my name and the verbiage that precedes is..."cannot be discharged in bankruptcy and if credit can not be transfered then they are demanding full payment of debt in 30 days of the dissolution date in CASH! Do i have to agree to this and what are my options. I plan on filing bankruptcy the day after the dissolution. please advise.

Thank you.

Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney here to assist you

 

You certainly have the right to refuse to agree to do this under these terms. The language about the debt not being dischargable is meant to prevent you from filing bankruptcy, getting a discharge, and then the same creditor coming after her for the same debt. That's why they want the debt to be non-dischargable, and that's also why they want you to agree to transfer the debt over to your name.

 

If the $12000 is mainly her debt, and they're wanting you to pay 70%, that certainly doesn't seem fair.

 

I would suggest that you make a counter-offer that you're willing to agree to. If you can't reach a compromise, the judge will decide. In that case, the judge will likely order each of you to pay 1/2 of the debt.

 

Also, you should not agree to waiving your right to discharge this debt in bankruptcy as courts can hold these agreements as valid - which would largely defeat the purpose of filing.

 

 

 

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