Deposition (ugh)

[ssmoken]

What is the name of your state (only U.S. law)? Ca

My question is; My ex and I filed bankruptcy over 7 years ago. We are set for a deposition and wondered if the attorney can ask questions regarding? Specifically, there is a payment that the ex decided to take on and is now trying to make me pay, even though it was included in the BK. It was discharged. What if he asks questions regarding that? Thank you.

 

[adjusterjack]

there is a payment that the ex decided to take on and is now trying to make me pay, even though it was included in the BK. It was discharged.

Your obligation to the creditor may have been discharged but your obligation to your ex under the divorce decree likely wasn't. What does your divorce decree say about that debt?

What if he asks questions regarding that?

You answer truthfully.

You would be wise to consult an attorney of your own before sitting for the deposition.

 

[ssmoken]

Your obligation to the creditor may have been discharged but your obligation to your ex under the divorce decree likely wasn't. What does your divorce decree say about that debt?


Thank you We are in the middle of it still. No decree as of yet. The BK was over 7 years ago, we have been separated for 5. He has been paying the debt on his out of his own moral obligation.

 

[ssmoken]

Your obligation to the creditor may have been discharged but your obligation to your ex under the divorce decree likely wasn't. What does your divorce decree say about that debt?


Thank you We are in the middle of it still. No decree as of yet. The BK was over 7 years ago, we have been separated for 5. He has been paying the debt on his out of his own moral obligation.

I have an attorney, but I wanted to do some research before we go.

 

[adjusterjack]

I have an attorney, but I wanted to do some research before we go.

Wish I had a buck for every time I read that.

Rely on your attorney. He has all the information about your marriage, your pending divorce, your assets, your liabilities, and we have none. That's why anything you learn in "some research before we go" will be useless to you.

 

[latigo]

What is the name of your state (only U.S. law)? Ca

My question is; My ex and I filed bankruptcy over 7 years ago. We are set for a deposition and wondered if the attorney can ask questions regarding? Specifically, there is a payment that the ex decided to take on and is now trying to make me pay, even though it was included in the BK. It was discharged. What if he asks questions regarding that? Thank you.

Its ludicrous to worry that a family court is going to stick you with a debt that you claim was rinsed (discharged) in your joint bankruptcy case seven years past just because your husband looks upon it as a moral obligation. If it is dead, no judge can revive it nor take it into account in sorting out marital assets and liabilities. (What did you do back then anyway, borrow from one of his family members?)

Whatever, there has to be more to this cryptic, feebly described scenario than you have revealed. If not, why did you stand by for 7 years and let him spend community property paying on it. And why are you so paranoid about the possibility that the subject might be raised in your depo?

There has to be more here than meets the eye. Whether you are willing to FULLY explain and have the ability of doings so in an intelligible manner is yet to be seen.