If a spouse takes the bulk of debt in a divorce could creditor's pursue other spouse if I file bankruptcy

divorce/bankruptcy: if i get a divorce and take on the bulk of our debt how long do i have to wait to file bankruptcy without having creditors going after my exwife - Is this your question? Add additional information
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Answers (2)

Ben L Schneider

Ben L Schneider Avvo Pro

Contributor Level 5
As long as both of your names are on the debts, they will always have the right to go after her. If you would like to discuss this further, please call my office for a free consultation.
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Kevin W. Chern

Kevin W. Chern

Contributor Level 5
I'm assuming that you're talking about filing for Chapter 7 bankruptcy and discharging your unsecured debts. When two people are obligated on a debt and one of them files for Chapter 7 bankruptcy, that has no impact on the obligation of the other person. Creditors can and will continue to pursue collection from the other person for as long as they are legally able to do so (and many collection agencies and debt purchasers will attempt to collect even after the statute of limitations has expired). The interplay between divorce and bankruptcy can be complicated, and it's best to consult your divorce attorney and a bankruptcy lawyer simultaneously, so that you can get advice on the best way to coordinate the two actions. Some couples file for bankruptcy jointly before divorcing to address the issue you raised, and you'll need to know how your obligations under your divorce decree will be impacted by bankruptcy.
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