If I divorce my husband and he files bankruptcy on sole prop. business debt, can the creditors come after me?

Asked over 5 years ago - Twin Falls, ID

My husband is thinking about filing bankruptcy on his personal business debt. That's say I divorce my husband and the divorce states he assumse the business debt (which is his). After the divorce he files bankiruptcy on the debt, can the creditors come after me because the debt was occured when we were married. I don't want to file bankruptcy, but I think it is his only way out.

Attorney answers (1)

  1. Michael S. Marr

    Contributor Level 11

    Answered . if you the debts are in his name or the business name alone then you cannot be held responsible for the debts. Some credit card companies try to get the money out of "authorized users" of the account but they also are not liable for the debts. I am in Georgia though, and if you are in a community property state then the debts may find their way to you.

    Generally in the bankruptcy/divorce context, the person who does not pay debts acquired during the divorce agreement process can be held in contempt and be made to pay debts they have discharged in teh bankruptcy case.

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