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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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I live in Cincinnati Ohio, Hamilton county. My ex husband is

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I live in Cincinnati Ohio, Hamilton county. My ex husband is filing bankruptcy and has listed me as a creditor. He owes me several thousand dollars for two credit cards that he is responsible for according to the divorce decree. He has not paid a cent on these. I filed contempt of court and he was found in contempt, but everything with the divorce court has been stayed since he filed bankruptcy.

One account is in both names while one is in mine alone.
What should I be prepared with to contest these being added to the bankruptcy?

Futhermore I have been paying on these accounts for some time to maintain my credit. I had asked the divorce court that he pay me for all of these payments as well (they are a lot of interest and do not deduct from the balance much). Can he still be held responsible for this after the bankruptcy?
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 3 years ago.

Hi JACustomer,

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?

Customer: replied 3 years ago.

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.

 

 

Expert:  cfortunato replied 3 years ago.

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?

 

Customer: replied 3 years ago.
It is decree of dissolution, the separation agreement was deemed fair and approved by the court. All credit card debts were listed in the separation agreement and it states that he is responsible for these. Payment to me or the cc companies is not specified.
Expert:  cfortunato replied 3 years ago.

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!

 

 

 

 

 

cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
cfortunato and other Bankruptcy Law Specialists are ready to help you

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