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Joseph
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7279
Experience:  I have over a decade of experience as a Family Law litigator
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My husband is an FBI agent and he blackmailed me into doing

Resolved Question:

My soon to be ex-husband is an FBI agent and he blackmailed me into doing bankruptacy for him by transfering all his debts to me and had me tell court we were taking advantage of the 0% intereset rate and after we had our new kid we cant affrod to pay no more. Debts were 58,000 and I took care of it, He couldnt file for bankrutpacy because he would lose his clearance in his job, now two years later we are getting divorce and he has debts for 90,000 and I guess I will be getting half of it. Is there anyway to fight this in court?
Submitted: 3 years ago.
Category: Family Law
Expert:  Joseph replied 3 years ago.

Hello and thanks for choosing Just Answer®. I am a licensed attorney, and I will be glad to try and assist you.

 

To provide you with accurate information, could you please clarify these points so I can best address your inquiry:

 

  1. When was the bankruptcy initiated?
  2. When was it concluded?
  3. What proof, if any, do you have of your allegations?
  4. Is the $90,000 in debt all from after the bankruptcy? What is it from?

 

 

Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible.

Customer: replied 3 years ago.
The bankruptacy was filed in 12/08 and dismissed in 04/2009, The proof that I have is that I had no debt in my name until my spouse opened a bussiness and applied for many credit cards all at once and got cash advances which left him in debt, than he applied for credits all at once for me and had me pay off his credits and the most i could do was 58,000 which still left him in debt and he continue to spend which debt increased thats how now he is in debt for 90,000 and I have every credit cards name account number that I had paid off his credit cards with and than filed bankruptacy on them claiming we wanted to take advantage of the 0% interest rate so thats why he transfered all his debts to me but now that we have a kid we cant afford to pay for the debts.
Expert:  Joseph replied 3 years ago.

I'll be very candid with you, your odds of success here are not very good. The problem you have is that the debts that were accumulated during the marriage are considered to be marital in nature. As such, the debts are presumed to belong to you both, not just to one or the other.

 

Having said that, you can certainly try to persuade the judge to distribute the debts in some other way. With the documents you may have, you should be able to put together a compelling case.

 

You will want to include this information in your pleadings. From the start, you need to state that the earlier debts were primarily your husband's, that the bankruptcy was essentially forced upon you and that the new debts are primarily your husband's as well.

 

You will need the statements from the older debts. If you don't have them any longer, contact the creditors to obtain copies. If the creditor no longer has them, you should contact the attorney that handled the bankruptcy, he likely still has his file with whatever documents you provided. If all else fails, you can issue a subpoena to the creditor, they will most likely be able to produce the records if court ordered to do so.

 

Then you will have a paper trail for the court to review. The documents will demonstrate what you have alleged; your husband created the debts, he then transferred them to you, you subsequently declared bankruptcy and he has now created significant new debt.

 

With all this, you just might be able to convince the judge that he should ignore the marital component of the debt and distribute a greater portion of that debt to your husband.

 

I hope you found my answer helpful. If so, please click on the green ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click ACCEPT. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated! Thank you and good luck!

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7279
Experience: I have over a decade of experience as a Family Law litigator
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