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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 10-15-2009, 02:56 PM
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Join Date: Oct 2009
Posts: 1

BK affects on recently former spouse


California

If I file chapter 7 and some of the asset debt ( being repossessed ) and unsecure debt has both mine and my former spouses name attached to the debt though I proclaimed responsibilty for these debts in our divorce settlement ( over 1 yr ago ), can and will the banks go after my former spouse if these debts are discharged in a BK filed only by me.?? Will she need to file as well to protect herself from collections on those debts??

Thank You in advance for any answers/advice that may be given.
  #2  
Old 10-15-2009, 04:23 PM
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Join Date: May 2001
Posts: 6,453
Divorce decrees are not binding on your creditors.
If you file bk, any cosigner or joint account holder is responsible for the debt.
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