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Ely
Ely, Counselor at Law
Category: Bankruptcy Law
Satisfied Customers: 100048
Experience:  Licensed attorney in private practice.
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My wife filed Bankruptcy while we were married, when we get

Customer Question

My wife filed Bankruptcy while we were married, when we get divorced can I go after her for the remaining debt that we owe even though she was cleared from the debt through her bankruptcy?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts to opt out of participation in phone calls and I may or may not be able to participate in this feature.
1) What state is this in?
2) Was she specifically ordered by the Court in the divorce decree to make said payments on said debt, and did not?
3) Did she have these debts reduced/voided via bankruptcy, or not? Or, not sure?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
We live in Michigan. We are not divorced yet I have not filed yet. The debts were voided, but Im paying on them they came after me for the debts and most of them were hers.
Expert:  Ely replied 1 year ago.
Thank you.
IF there is a divorce, then the Court may order her to pay them and indemnify and the other person (i.e. you) harmless if the Judge feels that it is equitable (fair) that this is so. So if the Court feels that she unfairly unburdened the debt unto you, it can still make her pay some/all of it in the divorce decree as part of the division of assets and debts.
So it would still be in your name, but she would have to pay, and may be held in contempt if she did not.
This is up to the Court, and the Judge has discretion.
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