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Did I have to file BK after the divorce??

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crystalh

Junior Member
My ex and I lived in CA, recieved loans through Navy Fed....moved to MN, then divorced through MN and I came back to CA. I was to take my car loan (cosigned) and he was to take his car loan (not cosigned), his credit card and his personal loan per the divorce.

He stopped making payments on his loans and the bank began taking my payments and applying them to his loans. I called the bank and they told me that the contract states that they will not honor divorce decrees. I explained to them the loan given to him which was falling behind was fraudulant because he was unemployed and lied and that i should not be responsible for their mistake. They told me they were going to repo my car if I didn't make a payment, but every payment I made was being applied to his loans so I was forced into bankruptcy in order to keep the car.

Is it true that a bank contract supercedes a court decree? Should I have been penialized if they didn't check his info and gave him a loan while he was unemployed? Is there ANYTHING that I can do???
 


LdiJ

Senior Member
crystalh said:
My ex and I lived in CA, recieved loans through Navy Fed....moved to MN, then divorced through MN and I came back to CA. I was to take my car loan (cosigned) and he was to take his car loan (not cosigned), his credit card and his personal loan per the divorce.

He stopped making payments on his loans and the bank began taking my payments and applying them to his loans. I called the bank and they told me that the contract states that they will not honor divorce decrees. I explained to them the loan given to him which was falling behind was fraudulant because he was unemployed and lied and that i should not be responsible for their mistake. They told me they were going to repo my car if I didn't make a payment, but every payment I made was being applied to his loans so I was forced into bankruptcy in order to keep the car.

Is it true that a bank contract supercedes a court decree? Should I have been penialized if they didn't check his info and gave him a loan while he was unemployed? Is there ANYTHING that I can do???
CA is a community property state so its possible that the bank could have also held you responsible for his loans even if you didn't co-sign.

Yes, a bank contract supercedes a divorce decree....you can hold him in contempt for not living up to his end of the decree, but the bank is only bound by the original contract and the law regarding marital debt.

Your solution is to take him back to court for contempt.
 

crystalh

Junior Member
Is it even worth my time to take him to court. He is a loser and has been in and out of jail. I don't think he has a job now and wouldn't be able to pay any of the settlement if anything??
 

LdiJ

Senior Member
crystalh said:
Is it even worth my time to take him to court. He is a loser and has been in and out of jail. I don't think he has a job now and wouldn't be able to pay any of the settlement if anything??
Well...only you can decide that. If there is a possibility that sometime in the future, he WILL have something, then it may be worth your while to get a judgement against him.
 

LdiJ

Senior Member
crystalh said:
Does it matter that my divorce was filed in a different state?
You would either have to file contempt in the state where the divorce was finalized.....or you could file a civil case against him for damages in the state where he resides. If the amount is small enough you might even be able to do it through small claims court.
 

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