Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
1) Is your husband filing a Chapter 7 or a Chapter 13 Bankruptcy?
2) Is his obligation part of the property division, or is it a support obligation?
Thank you for your reply
1) It is chapter 7
2) There is back child support owed but this is separate. The agreement to pay these credit cards was part of the property division in the original divorce decree. He was found in contempt already by the divorce court for not meeting this obligation.
I hope this answers your questions.
Last question: did the divorce decree state your ex-husband was supposed to pay make the payments to you or to the credit card company, or neither?
The Bankruptcy code specifically states that debts that are payable "to a...former spouse...that [are] incurred by the debtor [your ex-husband] in the course of a divorce or separation..." are not dischargeable. Bankruptcy Stat. 523(15).
Since you have been paying the bills that he was supposed to pay, and since he therefore owes the money to you, the money that he owes to you is not dischargeable, even though you were listed as a creditor.
When filing a Bankruptcy, debtors are supposed to list all debts, whether dischargeable or not. Listing creditors does not make debts dischargeable. If a debt is one of the approximately 20 types of debt that are not dischargeable, that debt remains unaffected by the Bankruptcy. In other words, after the Bankruptcy is discharged, the debtor still owes that money to the creditor.
I think this is what you wanted to know. If not, please let me know.Thank you!