My x is filing bankruptcy, please help

[tditoma]

My x husband and I were divorced in April after a year & a half in court. The court split our debts in half by giving him credit card debt held in his name and me credit card debt held in my name. He gave us each our respective vehicles with responsibility for the loans and ordered that the vehicles be sold within 6 months to relieve the other of financial liability. I sold and replaced my vehicle, but my x called a couple of weeks ago to tell me that his car was repossessed and he is filing bankruptcy. (A few days later he went out and bought a used Juguar!!!). The lender on the repossessed vehicle has already told me that I am responsible for any amount on the loan that they cannot collect via auction! I have also been told that despite the Superior Court ruling, when he files bankruptcy, I will be liable for any debt he acrued before the divorce, whether or not it is in my name because AZ is a community property state. In addition to this he has not paid child support since June because he changed jobs and wouldn't report his new employer. I found out who it was and reported it myself last week, but it will take at least a month for the court to start collecting anything and getting it to me. Can someone tell me where to go or what I need to do to protect myself & my children from financial ruin? One of my fears is that creditors could put a lien on my home. Please help.

 

[I AM ALWAYS LIABLE]

My x husband and I were divorced in April after a year & a half in court. The court split our debts in half by giving him credit card debt held in his name and me credit card debt held in my name. He gave us each our respective vehicles with responsibility for the loans and ordered that the vehicles be sold within 6 months to relieve the other of financial liability. I sold and replaced my vehicle, but my x called a couple of weeks ago to tell me that his car was repossessed and he is filing bankruptcy. (A few days later he went out and bought a used Juguar!!!). The lender on the repossessed vehicle has already told me that I am responsible for any amount on the loan that they cannot collect via auction! I have also been told that despite the Superior Court ruling, when he files bankruptcy, I will be liable for any debt he acrued before the divorce, whether or not it is in my name because AZ is a community property state. In addition to this he has not paid child support since June because he changed jobs and wouldn't report his new employer. I found out who it was and reported it myself last week, but it will take at least a month for the court to start collecting anything and getting it to me. Can someone tell me where to go or what I need to do to protect myself & my children from financial ruin? One of my fears is that creditors could put a lien on my home. Please help.

My response:

Federal Bankruptcy ALWAYS trumps a State court order concerning debts; so, your ex-husband is correct, and your creditors will come after you - - despite what the court orders say.

To answer your next question, the answer is no. Your creditors are not a part of, or privy to, your State court orders. Therefore, and since AZ is a community property State, they have every right and obligation to their respective companies and shareholders, to come after you.

You'll need to either pay the debts yourself, or file Bankruptcy.

IAAL

 

[tditoma]

I thank you for your reply to my delima even though it is not what I want to hear. I find it very frustrating that after a lifetime of trying to be a responsible adult and maintain an excellent credit rating that someone would be allowed to abuse any law (bankruptcy) to his benefit and make someone else, especially his children, suffer the consequences of it. Is there any way that I can get the original court to require him to follow court orders? Why do we have a divorce court anyway, if their court rulings don't have to be enforced by anyone??? Is there any way I can get the bankruptcy court to not let him dismiss those debts that I would be responsible for? Do I have any say at all in the Bankruptcy proceeding, since it will effect me? It is not that this man has no money! He makes a good base salary with a generous bonus. He let his car be repossessed because he owed more on it than he could sell it for. Just days later he went out and bought a Jaguar for gosh sakes! I'm not asking for millions, I'm just asking that he be held responsible for his own debt and be required to pay his court ordered child support. Even if he didn't have the money now, he will........ Last Saturday night there was an incident in Scottsdale where a man "ran down" a croud of people outside a nightclub. My x was one of them and was injured. He now has a law suit against the driver! He will collect damages as a result..... Yet the law is going to tell me I have to pay for his debt. I have not received child support in months.... I can barely buy a gallon of milk for the kids, much less pay bills that he has the money to "at least" make payments on himself. Is there NO justice, compassion or caring within the legal system? It has been unbelievably difficult trying to find anyone that even gives a s___. (excuse the expression), and even more difficult finding out where to go or what to do. I make too much money to qualify for any "legal aid" but not enought to afford "legal counsil". I don't mean to be having a pitty party, but I'm just almost at the end of my rope. I need some help.