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.

Avvo instant logo@2x

Need an answer to your questions within 15 minutes?

  • 30-minute phone call
  • Ask any questions
  • $99 flat fee
  • Money-back guarantee
Talk to an attorney now

Can't find what you're looking for?

Ask span5@2x

Ask a question on our public forum.

Ask a lawyer
Instant span6@2x

Have an attorney contact you privately.

Right now.

Icon lock@2x
Secure conversation. Your details remain between you and your attorney.
Icon clock@2x
Get an answer guaranteed. Be assured that a lawyer will contact you to help with your legal issue.
Start your session now