Marital Debt and Bankruptcy

[tequitz]

undefinedWhat is the name of your state?Florida [email protected]
In 1999 my exwife filed divorce. In 2000 I filed bankruptcy as I was on Chemopherapy and could not keep up with the bills. In 2001 our divorce was finalized. The bank that we signed for a second mortgage is now trying to collect the money from her. She in return has filed a civil motion of contempt against me to pay off that debt. Do I have any rights? Am I responsible even when I included this in my bankruptcy?? I am currently disabled living on a small pension, I don't own a car or house nothing. Any advise would be greatly appreciated.

 

[LdiJ]

undefinedWhat is the name of your state?Florida [email protected]
In 1999 my exwife filed divorce. In 2000 I filed bankruptcy as I was on Chemopherapy and could not keep up with the bills. In 2001 our divorce was finalized. The bank that we signed for a second mortgage is now trying to collect the money from her. She in return has filed a civil motion of contempt against me to pay off that debt. Do I have any rights? Am I responsible even when I included this in my bankruptcy?? I am currently disabled living on a small pension, I don't own a car or house nothing. Any advise would be greatly appreciated.

The bank that holds the second mortgage is was not a party to your divorce, therefore they have every legal right to go after her for the debt. Since you were responsible for that debt in the divorce and you have damaged her by filing bankruptcy against the debt, then she has every legal right to go after you.

I certainly understand your problem and sympathize...but you also need to realize what you did to her as well.

 

[tequitz]

The bank that holds the second mortgage is was not a party to your divorce, therefore they have every legal right to go after her for the debt. Since you were responsible for that debt in the divorce and you have damaged her by filing bankruptcy against the debt, then she has every legal right to go after you.

I certainly understand your problem and sympathize...but you also need to realize what you did to her as well.

Thank you for the information. I never intetionally did this to her as I had no other choice but to file bankruptcy. I did not know they would go after her to collect the debt. Do you know what happens if I don't have the means to pay for such debt?

 

[LdiJ]

Thank you for the information. I never intetionally did this to her as I had no other choice but to file bankruptcy. I did not know they would go after her to collect the debt. Do you know what happens if I don't have the means to pay for such debt?

I honestly don't know what the judge will do. You may end up having to pay it off in small installments...for a very long time.