Anyone filed because ex filed?

[filingin08]

DH has tons of debt from previous marriage. Most is joint, so we are going Ch 13 to keep XW from suing in family court. I know she'll be beyond angry. Just wondering if anyone here had to file because their ex-spouse filed.

[Dirk Squarejaw]

There was a member on here awhile back that was posting under the username "gfgettingscrewed" or something to that extent. His GF was contemplating BK due to her ex-husband filing BK and dumping the debt onto her. Many people will quote the section of law that talks about debt, alimony, support, etc. and divorce and state that it can't be done.

However, after reading several other forums dealing with credit, divorce, etc. it is VERY common for a spouse to discharge debt that is owed to a third party (i.e. a credit card company and not directly to the spouse) even if it is in the decree that they are assigned that specific debt. Depending on how it is done, it can open you up for a lawsuit for contempt.

Here, I found the link to the post I described in the 1st paragraph: http://www.bkforum.com/showthread.php?t=16984

[lrprn]

DH has tons of debt from previous marriage. Most is joint, so we are going Ch 13 to keep XW from suing in family court.

I don't know if you are aware of this, but your DH typically won't get to decide which chapter he gets to file. That will be decided by how he comes out on the Means Test and Schedules.

If the Means Test and Schedules show he has disposable income of at least $160/month and his creditors will get as much as they would get if he filed Ch 7, then he can file Ch 13.

However, if the Means Test and Schedules show he doesn't have disposable income or can't pay his creditors at least as much as they would get in Ch 7, then it won't matter that he *wants* to file Ch 13 - he can't.

I know she'll be beyond angry. Just wondering if anyone here had to file because their ex-spouse filed.

We have several active members at the moment who filed Ch 7 and Ch 13 after divorces. Hopefully they will take a look at the forums now that the holiday is winding down and post their personal experiences for you.

Just because his ex will be angry doesn't matter if he files bankruptcy. The bk law doesn't care about divorce, only about the filer's current state of financial affairs when they file. However, divorce and bankruptcy are often an uneasy mix. The two courts, especially on the state level, can sometimes conflict about what happens to divorce court-ordered division of assets and payments during bankruptcy.

Be certain that your DH retains a very good bankruptcy lawyer who can communicate effectively with his former divorce lawyer if the need arises.

[filingin08]

We don't meet the means test for Chapter 7; 13 is the only way for us to go. Even before looking at #s, atty said if we could go 13 she would recommended that due to ex issues.

It's amazing the emotions I've been through since we started looking into BK as an alternative... such highs... such lows. The information and especially the personal experiences have been wonderful.