Should I be concerned about my ex-spouse filing for bankruptcy?

[jamilah38]

We have no joint accounts or assets (all were closed or separated at time of dissolution). Although most of her debt did exist when we were married. Do I have anything to be concerned about? Can/will the creditors come after me? I live in Montgomery County, Ohio (I know bankruptcy laws vary from state to state).

[adare]

If you and she were jointly liable on any debt, you are the only person left for them to come after. So they may come after you.

If only she is responsible for herr debt, you’ve got nothing to worry about--legally speaking.

Now, it may happen that once the word of her bankruptcy filing reaches the creditor, they turn the debt over to a bill collector. Bill collectors aren’t always very well school in the fine points of the law, so they may decide to go after you even if you aren’t liable for any of it. Sadly, it happens all of the time.

If that happens, talk to a lawyer who deals with debtor-creditor relations, usually a consumer bankruptcy lawyer. You have certain rights under federal law which your lawyer can use to make them show why they would think that you are liable. If they can’t come up with supporting documents and they continue to harass you, you can sue them in federal court and have them pay you damages as well as your attorney’s fees--which can be large.

So sit back and see what shakes out.

If you want more info, the Wikipedia entry is a good place to start.
http://en.wikipedia.org/wiki/Bankruptcy_in_the_United_States

Good luck!

[winwood]

yes, they will try. Since the debt was accrued during thee marriage, then its also your debt tooisn'tt it?

just curious, i know some ex`s can be vindictive, is it possible this bankruptcy was caused by someone trying to milk someone else dry in the divorce settlement? I know alot of people quit their jobs or get a low paying job just because they dont see the point in working hard just to pay off a person who hit the lottery in the divorce settlement.

[fiynn]

Whe you divorced your affairs were separated and the assets and liabilities became the responsibility of the person they were assigned to.

However, don't take my word for it, or the word of anyone on this discussion board. If you want total and complete piece of mind, talk to an attorney.

[herald]

If your name was ever on any of her accounts, you will probably get dinged. If she was on any of your accounts, you could get dinged. Just keep an eye on your credit rating and submit a letter of complaint and/or a letter of explanation if you get dinged.

The unfortunate truth is you tend to hang with people like yourself. If you want to know what you are like, look at your friends.

[motega]

As long as you are divorced her debts have no ties to you. Make sure that those debts weren't pulled out in both of your names. You would probably know by now if you had a defaulted loan though because someone would have contacted you.

[montgomery69]

I know from my Mother's experience, they will try. Keep firm in your replies and tell them to talk to someone that is actually responsible for the debt, her.

[vemados]

if you are divorced and the debts are in her name alone - you are not responsible!

[lifton]

you better consult with an attorney you could be stuck with some of her debt. Don't assume your free and clear, only a lawyer can tell you for sure where you stand.

[jerard]

You should be laughing at him