debt and divorce

What is the name of your state? Fl

The judge in his dissolution order has my X taking a large [portion of the credit card debt and other debt.

Does this release me from this obigation?

Example: If she is now ordered by the judge to be distributed the full amount on credit card ABC that was in joint name... can I provide them with a copy of the court order and they will go after her only?


IF not , what happens... my guess is she goes 7

[I AM ALWAYS LIABLE]

[quote]Originally posted by bigdaddy001
[b]What is the name of your state? Fl

The judge in his dissolution order has my X taking a large [portion of the credit card debt and other debt.

Does this release me from this obigation?

MY RESPONSE: No. Your signature is still on the credit application / contracts.



Example: If she is now ordered by the judge to be distributed the full amount on credit card ABC that was in joint name... can I provide them with a copy of the court order and they will go after her only?

MY RESPONSE: Sure, you can provide them with a copy. It will do you absolutely no good to do so, but sure, you can send a copy.



IF not , what happens... my guess is she goes 7

MY RESPONSE: You need to know, and understand, that your creditors were NOT parties to your divorce, and court orders. They are NOT bound by the court's decision in YOUR case. All they know, and need to know, is that they have a contract signed by the two of you. That's it. So, despite what your court orders say, the creditors can come after either or both of you two.

Now, insofar as her filing Chapter 7 is concerned, you also need to know, and understand, that Federal court orders "trump" State court orders. That means, if your ex files Bankruptcy on those debts she was State court ordered to pay, then the creditors have every right to come after you - - and because of the Bankruptcy, you cannot go after your ex for the money!

In that instance, you'll have one of two choices - -

1. Pay the debts yourself; or

2. Go belly up, also.

Those may be your only two choices to extinguish those debts.

Good luck.

IAAL

Ugh,

not a very pretty picture. so even if I drag her back into court to sue her for the ddebt she owes, she essentially gets out of it by going 7 and it all falls back to me.

I was told that if I sent a copy of the order to the various credit agencies, loan companies, and /or credit cards that would remove my name from the debt. I guess not.


So pardon my ignorance but exactly what benefit is it then that the judge "ordered" her to assume this debt when she can go ch. 7 and get out of it? I guarantee she wil do this as the amount is substantial.

Thanks for the answer.

[Ladynred]

You've hit upon a nasty point in divorce. If one EX files BK on joint debt, regardless of what the state divorce court says, the Federal says that person gets out of jail free.. and the other spouse is stuck. Its a top reason for bankruptcies .. when one files it often forces the other into the same boat.