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KimberlyLaw
KimberlyLaw, Lawyer and Real Estate Broker
Category: Family Law
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Experience:  13 years of experience practicing law.
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MN divorce & bankruptcy. my ex and I finalized the divorce

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MN divorce & bankruptcy. my ex and I finalized the divorce in April. The decree splits joint debt, but a lot of it is in my name. Ex agreed separately to pay me monthly toward his half of joint debt while i manage payment plans (this is health debt and taxes). I think he's going to file bankruptcy. Doubt he qualifies for Chapter 7, but he might. He got the house and my name was never on the mortgage. What can I do to protect myself financially from being shouldered with all joint debt in my name only?
Submitted: 1 year ago.
Category: Family Law
Expert:  KimberlyLaw replied 1 year ago.
Hello, I am happy to assist you today.

If you have a court order stating that he is liable for half of the debt in your name, then you can use that court order to file a claim in the bankruptcy court as a creditor. You can try to get some money out of the proceedings to pay off what he owes that is in your name.

Honestly, this is not how this should have worked out, and it makes me crazy when I see judges split up property and liability without requiring it to be put in that person's name. So those amounts should have been transferred over to his name, either through a loan, a credit card, whatever.

You could still go back to court and ask the judge to amend the court order in light of changed circumstances. You can ask that all his debts be in his name at this point so that you aren't burdened with them.

Let me know if you have any questions.

Please do not rank my answer until we finish discussing.

Kimberly

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Customer: replied 1 year ago.

I have a couple of follow up questions/comments.


 


* As his recent spouse, will I receive notification if he does file bankruptcy?


 


* Huh. I had a family law attorney review our papers (we filed jointly, I used to be a lawyer, but never in family law) and she didn't suggest the credit card or loan thing. Frankly, I don't think my ex would qualify for any more credit.


 


Appreciate the additional information!

Expert:  KimberlyLaw replied 1 year ago.
No, you would only receive a notification from the bankruptcy proceeding if you are a creditor or have an interest in property that he also owns.

What I was suggesting is that the topic should have been explored. This is a very difficult situation for you financially and it isn't fair to leave his debt in your name and have him send you payments. That is a problem that I see all the time. The other person stops paying and then their former spouse gets stuck with their debt. There are numerous ways it could have been done. Just pointing out that is something I would have addressed if I had represented you.

Kimberly
Customer: replied 1 year ago.

Got it. This is my last question - so it's my responsibility to keep an eye on bankruptcy filings and then file an intervention or whatever if he files for bankruptcy?


 


Thx again.

Expert:  KimberlyLaw replied 1 year ago.
Yes, if you are not already a creditor or jointly owning property with him, you won't get a notice unless he tells you or you just monitor the filings. Those should be online in your county, most likely.
KimberlyLaw, Lawyer and Real Estate Broker
Category: Family Law
Satisfied Customers: 3817
Experience: 13 years of experience practicing law.
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