How to begin countersuit

[jhrebik]

What is the name of your state? AR/MD

I live in MD and was just sued by the bank for a van my ex-wife had repossessed after our divorce. Needless to say, despite our divorce decree stating that she would take full responsibility, she filed bankruptcy and they went after me. The ex lives in Arkansas. I want to countersue her for the money, but want to know if there is anything I can do myself in order to reduce attorney's fees, which state I must file in, what I can sue her for (is there any remedy for the effect on my credit?), and whether I can include a breach of contract for the house she rented from me and refused to pay(also part of the divorce settlement). Any advice would be appreciated. Oh, but too late if you're going to say "never get married/divorced"!!!!

Thanks all

 

[racer72]

You are not going to like the answers to your questions.

1. The creditor was not a party to the divorce decree and does not have any legal obligation to it.

2. She can never be held liable for debts discharged by the bankruptcy, even if the debt is transferred to someone not named in the bankruptcy.

Answering the rest of your questions is now a moot point.

 

[jhrebik]

I understand the creditor's situation. Unfortunate, but for thier protection.

I don't know much about bankruptcy, but the debt listed on the bankruptcy was only $13k, and the repo charge was for $15k. When I asked the plaintiff's attorney about it, he said the debt was not part of the bankruptcy because it was unsecured. Does this make any difference?

What about a civil suit for breach of the divorce decree???

The woman has to be held responsible somehow. What if I can prove that she did it maliciously in order to hurt me? I know, tough to prove, but it has now happened in several situations.

 

[racer72]

The plaintiff's attorney doesn't know what he is talking about. Both secured and unsecured debt can be discharged in a bankruptcy. Before you do anything, you need to get a copy of you ex's bankruptcy petition. It is public record and a copy can be had for a minimal fee. If the creditor for the van is listed and the debt has been discharged, you will be out of luck. You can file for suit for a breach of the divorce decree but the court cannot force the debt on your ex if it was dismissed by the bankruptcy, federal court order (the BK) trumps your state court order (divorce decree). Get a copy of the BK petition then you will have the answers to what you can do in the future.