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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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if you are divorced and your ex spouse files for banruptcy

Resolved Question:

if you are divorced and your ex spouse files for banruptcy is the other spouse responsible for
all debts or liens on a home in possible forclosure
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 6 years ago.
Hello,

Thank you for your question. I am happy to assist you.

I am a lawyer with 25 years experience. While I am not your lawyer and do not represent you, I will endeavor to provide you with legal information through this open and nonconfidential forum.

The divorce decree apportioning the debts would survive the bankruptcy

Section 523 of the Bankruptcy Code excepts from discharge both property settlements and support obligations.

You can read the Code here:
http://www.law.cornell.edu/uscode/html/uscode11/usc_sec_11_00000523----000-.html


Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.
Customer: replied 6 years ago.
what exactly does excerptsfrom discharge mean
Expert:  Ellen replied 6 years ago.
It means that the debt would still be payable to you. It would not be discharged
Customer: replied 6 years ago.
payable to me??? not discharged. ?? would I have to assume the responsibility of payment of my ex spouse's half of the debt after she declared bankruptcy??
Expert:  Ellen replied 6 years ago.
Thank you for the opportunity to clarify.

would I have to assume the responsibility of payment of my ex spouse's half of the debt after she declared bankruptcy??
The creditors can file suit against you to collect the debt. You can then file suit against your former spouse for reimbursement.
Ellen and 2 other Bankruptcy Law Specialists are ready to help you

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