If the debt is yours and is NOT given to her in separation paperwork then yes they can go after you. If it is, then no as long as she is responsible. Her bankruptcy should not affect you and you can produce the papers when they call. Sometimes in the beginning they will until you tell them that she’s responsible via your separation agreement. I went through this 3 years ago with my bankruptcy and my DH went through this with the ex-wife when he filed for his. If you are planning to file bankruptcy as well it’s cheaper if you both file together from what i’ve been told.
I do not practice bankruptcy law and cannot give you advice on what to do to adequately protect your rights in this situation. You should consult with an attorney who practices in this area.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
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Raleigh, North Carolina 27607
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Charlotte, NC 28262
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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
This may be redundant here-excuse me. My soon to be ex-wife is filing for Bankrupcy. I once read that it is better to be the first one to file for Bankrupcy in a divorce. I forget why now. Should I file for Bankrupcy to protect myself? A friend of mine said the creditors came after her when her husband filed and she had to pay. I talked with a local paralegal at a
Bankrupcy Attorney’s office and she said if a creditor bothered me just to show them the divorce decree showing where I am not liable and that will take care of it. Something tells me it’s not that easy.
It would seem very unfair if my soon to be ex can just wipe away the 60,000 debt she owes and then the creditors come after me. Not all of here debt has my name attached to it,but enough that she charged up-not me, that I can’t afford to pay it,nor should I half to in my opinion. I got no use out of the debt what so ever.