can I be held in contempt?

[tcofer]

What is the name of your state (only U.S. law)? ks
When I obtained my divorce, I made an agreement that I would take care of the credit card debt and student loans so that I would be awarded the farm. The debt is very large but all in my name.
I have since lost my job due to cut backs and am on unemployment. There is no possible way I will ever get caught up with this and I want to file bankruptcy. My question is this: since the debt is in my name, if I file can my ex-husband file contempt charges on me? I doubt that the creditors will go after him, he was not listed on any of them (he made sure of that). He wanted everything in my name because I had very good credit, not anymore.
Any help would be welcomed.
Thanks

 

[Ohiogal]

If filing for bankruptcy harms him in any way you can be held in contempt. Is he a CO SIGNER on ANY of the debt that will be discharged?

 

[LdiJ]

If filing for bankruptcy harms him in any way you can be held in contempt. Is he a CO SIGNER on ANY of the debt that will be discharged?

However if he is not connected to any of the debt (and it sounds like he isn't) then you filing bankrupcy does not harm him in any way, then he has no basis for contempt.

 

[tcofer]

answer to question

He is not listed as co-signer on any of the debt except my car and the home and I was going to request a reaffirmation on those. However, since I am unemployed i'm not sure a judge will do that.

 

[mistoffolees]

He is not listed as co-signer on any of the debt except my car and the home and I was going to request a reaffirmation on those. However, since I am unemployed i'm not sure a judge will do that.

Think seriously about reaffirmation:
What is debt reaffirmation?

More importantly, there's nothing the judge can do to protect your ex's credit rating. If you default on the loan, it will ding your ex's credit-period. The bank is not a party to your divorce.

Now, in principle, it would be possible in some circumstances to contact the bank and have your ex's name removed from those loans (it might require a complete refinancing or a simple document change, depending on circumstances), but since you're unemployed, that's not going to happen.

Bottom line is that your ex is going to see his credit damaged if you go into bankruptcy - and would therefore have a claim for contempt of court against you.

I'll leave it for someone with more experience to speculate on how that might play out - would you get a slap on the wrist or a big fine? I have no idea.

 

[Ohiogal]

He is not listed as co-signer on any of the debt except my car and the home and I was going to request a reaffirmation on those. However, since I am unemployed i'm not sure a judge will do that.

Therefore you are going to harm his credit with the car and home and he can file for contempt.

 

[LdiJ]

Therefore you are going to harm his credit with the car and home and he can file for contempt.

That's not necessarily true. If she does not fall behind in the payments on the house and car and reaffirms the house and car it cannot hurt his credit.

If she has fallen behind in the house and car payments already however, then she has already damaged his credit.

 

[mistoffolees]

That's not necessarily true. If she does not fall behind in the payments on the house and car and reaffirms the house and car it cannot hurt his credit.

It's not clear how she's going to get the bank to allow her to reaffirm the debt when she doesn't have a job.

It's also pretty hard to believe that she's talking about bankruptcy if the loans are not already behind.

 

[LdiJ]

It's not clear how she's going to get the bank to allow her to reaffirm the debt when she doesn't have a job.

It's also pretty hard to believe that she's talking about bankruptcy if the loans are not already behind.

The bank doesn't have the choice to allow or disallow the reaffirmation of the loan as long as the payments are being made. That is soley the choice of the debtor.

Its true that she may already be behind, but its also possible that she is not. Many people fall behind on credit cards and student loans, but manage to keep their house and car payments made.

 

[Zigner]

What kind of student loans are they?

 

[tcofer]

Answer

Actually, I am current on the payments for the home and the car. I am recieving unemployment and I have sold some items to get me out of forclosure on the home.
I am behind in the credit cards and the student loans. I have federal loans, and privite loans for my Hospitality degree. The problem is that I was suppose to be reimbursed by my employer but due to budget cuts they let me go so now I am responsible for them. There are only a limited number of places that I can use my degree in the area that I live in and I really don't want to move. So, Im looking for something else.

 

[mistoffolees]

Actually, I am current on the payments for the home and the car. I am recieving unemployment and I have sold some items to get me out of forclosure on the home.
I am behind in the credit cards and the student loans. I have federal loans, and privite loans for my Hospitality degree. The problem is that I was suppose to be reimbursed by my employer but due to budget cuts they let me go so now I am responsible for them. There are only a limited number of places that I can use my degree in the area that I live in and I really don't want to move. So, Im looking for something else.

If the home was already in foreclosure, you have damaged your ex's credit rating and can be held in contempt. Again, I don't know what kind of penalties you could expect.

If you have a written agreement that your employer would reimburse your loans, then you should see an attorney about forcing them to do so.

"I really don't want to move" may not be an option. Given a choice between moving and bankruptcy, moving is almost always by far the smarter move - particularly since the more financial trouble you get into, the more damages your ex could receive for contempt.

 

[tcofer]

response

Actually he damaged his own credit with the forcloser, He was to make the house payments while he lived here, when the court allowed me possession of the home, my exhusband got a PO box in the town where we live and instructed the post office to place all mail with his name on it in his box. The house payment information went to him. When I went to the bank to make the first payment after I returned home, thats when I found out it was in forcloser, I made arrangments with the bank and got us in good standing. However, I have found out recently he wasnt making the tax payments so now I am dealing with that. I am trying my best to keep up with everything but It is getting overwhelming. If I can have the credit card debt taken care of that would be a big help, I know I probably can't get the student loans taken care of though. I want to take care of what I can, but I don't what to go against the law to do it, that is why I was concerned with the contempt issue. My ex is a vengeful person and will do what ever he can to hurt me.
Thank you for all your help