Ex filing - Money owed me?

[chrizg]

The Ex is filing bankrupt and I am not sure about the money that is owed to me. She owes from CC debt from the marriage which the decree says she makes bi-weekly payments and also owes me for half the cost to sell our house we had during the marriage and I also have a promissory note that she signed to payback half of the $ we borrowed from my parents.

If she files is she out of these debts or is this kind of stuff excluded? I did find this snip on the web but not sure if it was true or not

Do I need to file or do anything that lists these debts if she does file or are they automatically covered?

WHAT DEBTS CANNOT BE ELIMINATED IN BANKRUPTCY?

Not all debts can be discharged by bankruptcy. Examples of non-dischargeable debts include: recent taxes, government fines, and debts to spouses, former spouses, or children for support, maintenance, or alimony. In addition, debts to creditors that are not informed of the bankruptcy proceedings are also non-dischargeable. For example, if you forget to list a creditor, that creditor will not be discharged. As a general rule, student loans are non-dischargeable, as are certain debts incurred through intentionally deceptive or malicious behavior of the debtor. Also, debts that arise from damages or injuries to another involving drunk driving are non-dischargeable.

[filingin08]

Depends on what chapter she is filing.

If a 7, I think you have more lattitude. While she will be discharged as to those debts and creditors can't come after her, they can come after you. However, you should be able to sue her to make you whole.

In a 13, those debts can be discharged and you can't go after her.

My situation: my husband and I are filing chapter 13. My husband has a property settlement with his ex-wife. The property settlement includes credit cards, a boat, and a car lease. We included those in our BK. We listed her as a creditor. At the end of our BK, the creditors can go after her for any balances owed. She has no recourse against him as his debt to her will be discharged as part of the BK.

The child support he pays monthly is a domestic support obligation and is not dischargeable.

Goes without saying, might be beneficial for you to talk to a BK atty.

[chrizg]

The money owed to me on the decree is listed as a property settlement. This is listed as from me to her and doesn't involve outside parties. It would be listed as debts to former spouses.

[2Bshinyandnew]

I'm in a somewhat similar situation. My ex and I had signed a Marital Settlement Agreement whereby we each agreed to be responsible for 1/2 of the marital credit card debt. Some of the marital debt was joint debt (we were both signers on the original credit agreement) and some of the marital debt (debt incurred during the marriage irregardless of how titled) was in my name only. So, even though we agreed to each pay 1/2 of the marital debt, a large portion of that debt was not in his name. Additionally, he pays alimony and child support, since I was a stay at home mom for 18 years. I'm finishing up my A.S. next year.

When he informed me he was filing for BK, my divorce attorney explained that the alimony and child support were priority claims, they "trumped" the automatic stay and would continue to be paid. However, any debts or assets that were distributed as property settlement were treated differently than alimony and child support. Those he could discharge in a BK, BUT I would be able to sue him to try and recover what I would be solely responsible for to the credit card companies after he had all his credit card debt, (joint and sole) discharged. In other words, my ex wouldn't owe the debt to the credit card companies, but he would still owe it to me. I could probably get a judgment fairly easily, BUT getting a judgment is worthless if someone doesn't have the means to pay it. I could wait YEARS and still never see a dime of the 1/2 of his obligation to pay our joint debt. Meanwhile, the credit card companies would be all over me for ALL of it.

To further complicate matters, I got the house and agreed to be 100% responsible for the mortgage. My ex was a co-signer on the mortgage. He plans on NOT reaffirming his debt with the mortgage company since he is not on the deed. I don't blame him. I of course intent on reaffirming the mortgage. In hindsight it is kind of ironic since one of our biggest arguments was who would pay the closing costs and most likely higher interest rate if our mortgage company refused to modify the mortgage and take him off the loan. I ended up promising to refinance in 5 years if I couldn't do a mortgage mod, and he would be responsible for the fees and closing costs and any additional out of pocket expenses the new mortgage cost me. Filing BK will certainly take care of THAT.

After some pretty intense soul searching, I decided that rather than chase him for money the rest of my life, it was in all of our best interest for me to file for BK too. Did it piss me off to be "forced" into BK? Absolutely, at first. But, the more I read and the more I learned, the more I understood that it was the only way for BOTH of us to get out from under the oppressive debt, to truly start fresh. So we are working together on this.

Check with a couple of BK attorneys for some opinions on your situation.

[filingin08]

The money owed to me on the decree is listed as a property settlement. This is listed as from me to her and doesn't involve outside parties. It would be listed as debts to former spouses.

Unless it is considered a domestic support obligation, it can be discharged in BK. Possibly recoverable if she files a 7, and not recoverable if she files a 13. If the payment is made to anyone (i.e., Visa, MC, etc.) other than directly to you (aka alimony/support) it is dischargeable.

[caj0524]

OK... one more clarification, since most of the comments are regarding CC's and the like.

My settlement states that I am responsible for a van we bought together, which has since been voluntarily repossesed.

If I file chapter 7, she could come after me, but if I file chapter 13, she would have no recourse after the 5 year plan was complete?

Could the divorce court hold me in contempt?

The divorce was in Wisconsin, a community property state.

Thanks in advance!