Chapter 13 post divorce

[matthewburnell]

I apologize if this question has been asked as I am VERY new to this topic and I don't know a lot about it. Here's my situation...

I am recently divorced and there is joint debt between my former spouse. I also have about $7k in my own credit card debt. The creditors are calling constantly about a joint loan for $18k on a 2nd mortgage that my ex setup without my knowledge (I was told it was a re-finance before I knew not to trust her). My ex refuses to deal with this debt and will file bankruptcy before she has to pay. I personally do not want to file and have a payment plan setup for $100/month for about 15yrs which I'm told can change if my creditors wake up in a bad mood that day.

However, I am learning a little about Chapter 13. If I file, I understand that my $7k credit card debt will be added to my re-payment but what about the mortgage? My vindictive side would love to stick it to her but does my filing Chapter 13 protect her so she's rewarded for being lazy and irresponsible and now I'm stuck trying to get out of it in 5 years? Since I file first, will our joint debt fall to her? So confused.

Thanks in advance.

-MB

[lrprn]

Does your divorce decree state who owns this debt and the others you hope to include in your possible filing?

[matthewburnell]

The judge signed a document that states I am not responsible for the debt but I've come to understand (online, a consolidation consultant, my lawyer) that this document doesn't really mean anything. My question then is what is the point of the document then? Nontheless I am still responsible for the debt.

I was also told that if she re-financed, then my name would be off. However, that is not going to happen.