Hold Harmless Provision (ex spouse in Divorce)

[OAK]

Most of us who have divorced recently, have a clause similar to mine: "Each party shall hold the other party from any collection action relating to separate or community liabilites set forth above, including reasonable attorney fees and costs incurred in defending any attemts at collect an obligation of the other party".

I am wondering if this means that if I file a C13 that she (the ex) will be able to sue me for any of the former community debt that are not paid in full after or during the C13? We split the community debt, 75/25 as my income allowed me to take on 75% of that amont vs her income.

My concern is that this provision would not allow me to file a C13 plan as it appears only .60 on the dollar or less will eventually be paid to the trustee (creditors) over the next three years. I believe the creditors would go after her for the remainder the balance or, any amount not paid by me as a result of the C13 and, that she would sue me as a result of the creditors going after her because of the above clause. Does anyone have a comment or advice about this?

On one hand, this clause is between her and me and not between us and any creditor or federal trustee. Does C13 neutralize this clause or, I'm I just up a creek and she'll just come after me during and after the C13?

Thanks for the help.

[Pinktiger]

My understanding is, if she is on the original debt as a cosigner, then she is liable and the BK will not discharge her debt in relation to it. Regardless of what the two of you have decided between you, the creditor has a case and can go after her for the balance.
You really need to sit down with your ex and discuss the ramifications of filing bankruptcy. It might be to your advantage to do it together, even after divorce, so that neither of you end up paying an unfair amount.
Also, this is the type of thing that you should discuss with an attorney. Your state laws may have some bearing on how this plays out. In some states community property laws may encumber a non-signing spouse.