Full question:
I was divorced in 2002 and my ex-husband and I have property settlement that he needs to pay off the credit under my name, to clear my credit but he filed for bankruptcy in 2004 and I just found out. He has never payed off the credit, I want to know what I can do to clear my credit. Could I take him to court? What kind of lawyer do I need?
- Category: Bankruptcy
- Date:
- State: Michigan
Answer:
Generally, the filing of a bankruptcy petition stops all court proceedings against the debtor, and brings all property of the debtor and all community property of the debtor and his spouse into the bankruptcy estate. The Bankruptcy Code recently made nonsupport obligations created in connection with a divorce or separation nondischargeable in Chapter 7 if discharge of the obligation would harm the non debtor spouse more than it would benefit the debtor. 11 U.S.C. 523 (a)15.
Unlike support obligations, which are nondischargeable without needing any action taken by the recipient spouse, these marital separation obligations survive the bankruptcy only if the nondebtor spouse files a timely action to prevent the debt from being discharged. The debts will be discharged unless the nondebtor spouse timely files an adversary proceeding.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
