• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Am I Responsbile ? RE: Community Debt.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

sabrzz

Junior Member
What is the name of your state? AZ

After my divorce was final I had to file for Chapter 7 Bankruptcy.
Before my discharge I was informed by my former spouse that I was responsible for the all of the community debt as per the divorce decree. I added all of the additional accounts prior to the discharge. Now, my ex has since filed against me for contempt saying I still need to pay her debt per the decree because she is still being called by her creditors. The bankruptcy was discharged with no problem after I added her debt. Am I still responsible or am I protected under the law? I have to go before a Superior court judge in January.
Can I tell her to go pound sand ?? Or will the judge make me pay for her debt ??

HELP !!
 


I AM ALWAYS LIABLE

Senior Member
sabrzz said:
What is the name of your state? AZ

After my divorce was final I had to file for Chapter 7 Bankruptcy.
Before my discharge I was informed by my former spouse that I was responsible for the all of the community debt as per the divorce decree. I added all of the additional accounts prior to the discharge. Now, my ex has since filed against me for contempt saying I still need to pay her debt per the decree because she is still being called by her creditors. The bankruptcy was discharged with no problem after I added her debt. Am I still responsible or am I protected under the law? I have to go before a Superior court judge in January.
Can I tell her to go pound sand ?? Or will the judge make me pay for her debt ??

HELP !!


My response:

Unless some or all of the debts were denominated as "Child Support" or "Spousal Support" then yes, you can tell her to "go pound sand".

Apparently, she doesn't have an attorney and she's filed this last ditch effort because there's no attorney who would file it for her.

You see, unless the debts were denominated as "Child Support" or "Spousal Support", then they are all dischargeable in BK. Federal Bankruptcy "trumps" State court orders all the time. There's nothing she or the judge can do about it. In short, she's stuck with the bills, and that's exactly what the judge will tell her.

IAAL
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top