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Soon to be ex-husband filed for bankruptcy and listed me as a creditor
Seattle, WA
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Posted about 1 year ago in Bankruptcy / Debt
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I am in the middle of a divorce. My husband has filed for bankruptcy and has listed me as a creditor. I am unsure why he is listing me as a creditor. If he lists me as a creditor in his bankruptcy, does this mean he would have documented an amount “owed” to me? How to do I find out why I’m listed as a creditor and for what amount? Should I be filing a claim of some sort? Should I be present at the meeting of creditors?
(btw, I’ve found this website very resourceful. Thanks!) - Is this your question? Add additional information Answers (1)
Alec Scott Rose
This attorney is licensed in California.
Posted about 1 year ago.
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A careful bankruptcy lawyer usually advises her clients to list every potential creditor, even if the debt isn't totally known, and even if the debt won't be subject to bankruptcy discharge. Alimony and child support payments are not dischargable under federal bankruptcy laws. Other debts to you, however, may be dischargable (for example, lets say you lent him the deposit payment on his apartment, and he agreed to give it back to you when the lease is up). Also, if you have joint credit cards, his discharge might leave you as the only obligated debtor (i.e. you owe the whole credit card bill).
This is a complex scenario, and you should discuss it with your family law attorney, so that your divorce settlement covers the issues of any discharged debts. In some cases, divorcing spouses ultimately decide it is best to file a joint bankruptcy petition. |
