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My divorce was finalized and all debts were given to me as a…

Customer Question
My divorce was finalized...

My divorce was finalized and all debts were given to me as a bargaining tool to have to pay less alimony . I am interested in looking to file bankruptcy , but am concerned that my ex will try to get more money from me after I do . Is this a valid concern?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

WI

Lawyer's Assistant: Have you talked to a lawyer yet?

Yeah, both the bankruptcy lawyer and my divorce lawyer don’t have a certain answer

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

It would be chapter 13, not 7, since I cannot meet the means test

Submitted: 9 months ago.Category: Family Law
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Answered in 8 minutes by:
12/13/2017
Family Lawyer: Barrister, Lawyer replied 9 months ago
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 43,589
Experience: Attorney with 17 years experience
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

It is definitely a valid concern if wife is also on the debts. If you file BK, that extinguishes your legal obligation to pay them. But if wife is a cosigner on any of them, that means that they can just go after only her now for repayment.

.

If they did, she can file a motion with the court to revisit the alimony issue since by your actions you have put the obligation to pay the debts back on her..

.

But if you are doing a Ch 13, which is a reorganization, that means that some of the debts will be reduced and the rest would be paid off over 3 to 5 years in a payment plan. But if they went back after ex for anything that was reduced or wiped out in your CH 13, you are back in the same boat again..

.

.

thanks

Barrister

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Customer reply replied 9 months ago
If it’s just reorganized and not reduced through a chapter 128, does the same rule apply ?
Family Lawyer: Barrister, Lawyer replied 9 months ago

No, if the debts are not reduced/forgiven, then it wouldn't affect the ex because the entire debts will be paid off over the 5 year period under a CH 13..

.

So since they wouldn't be looking at her to pay any of the debts, that wouldn't trigger her rights to go back and demand alimony..

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Family Lawyer: Barrister, Lawyer replied 9 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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