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Asked on May 19, 2022 ,  0 answers Visitors: 6
My ex husband is filing bankruptcy and has names me as a creditor to get out of a credit card dept that is listed in our divorce decree. How do I dispute this? What forms do I send to the court? I met with a lawyer and was told it's doable but they will charge me more than he owes me.
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4 Answers

Henry Repay
Henry Repay ( Ask a Question )
4
Belvidere, Illinois
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Posted on / Sep. 02, 2015 08:16:00

Consult with your divorce counsel or a family law attorney with a bankruptcy background in the state in which your divorce took place. There should not be any issue in enforcing your husband's obligation to you under the divorce decree, but a closer look at the documents is warranted. His discharge in bankruptcy would include his direct obligation to the creditor (the creditor can no longer pursue him), but his obligation to you under the divorce decree is not dischargeable. Often, an ex-spouse is listed in a bankruptcy petition for notice purposes, not because the bankruptcy-filing spouse expects to be relieved of responsibilities under the terms of the divorce.

Henry Repay
Henry Repay ( Ask a Question )
4
Belvidere, Illinois
Agree 0
Reply

Posted on / Sep. 02, 2015 08:16:00

Consult with your divorce counsel or a family law attorney with a bankruptcy background in the state in which your divorce took place. There should not be any issue in enforcing your husband's obligation to you under the divorce decree, but a closer look at the documents is warranted. His discharge in bankruptcy would include his direct obligation to the creditor (the creditor can no longer pursue him), but his obligation to you under the divorce decree is not dischargeable. Often, an ex-spouse is listed in a bankruptcy petition for notice purposes, not because the bankruptcy-filing spouse expects to be relieved of responsibilities under the terms of the divorce.

Henry Repay
Henry Repay ( Ask a Question )
4
Belvidere, Illinois
Agree 0
Reply

Posted on / Sep. 02, 2015 08:16:00

Consult with your divorce counsel or a family law attorney with a bankruptcy background in the state in which your divorce took place. There should not be any issue in enforcing your husband's obligation to you under the divorce decree, but a closer look at the documents is warranted. His discharge in bankruptcy would include his direct obligation to the creditor (the creditor can no longer pursue him), but his obligation to you under the divorce decree is not dischargeable. Often, an ex-spouse is listed in a bankruptcy petition for notice purposes, not because the bankruptcy-filing spouse expects to be relieved of responsibilities under the terms of the divorce.

Henry Repay
Henry Repay ( Ask a Question )
4
Belvidere, Illinois
Agree 0
Reply

Posted on / Sep. 02, 2015 08:16:00

Consult with your divorce counsel or a family law attorney with a bankruptcy background in the state in which your divorce took place. There should not be any issue in enforcing your husband's obligation to you under the divorce decree, but a closer look at the documents is warranted. His discharge in bankruptcy would include his direct obligation to the creditor (the creditor can no longer pursue him), but his obligation to you under the divorce decree is not dischargeable. Often, an ex-spouse is listed in a bankruptcy petition for notice purposes, not because the bankruptcy-filing spouse expects to be relieved of responsibilities under the terms of the divorce.

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