Divorce decree vs. bankruptcy

[Mann]

In March '99 my divorce was finalized in Indiana. Ex agreed that certain loans made in the name of the business would be his responsibility and I "would be held harmless". Language also states that he is responsible and would "dispense of the debt". In January '01 I was forced to refinance my house to cover a $20000 2nd mortgage and approx $7000 additional that he was not able to pay due to current payments to clear his business bankruptcy.

Is there a statute of limitations for me to take him back to court?

Is this just a contempt of court situation or criminal since I am claiming he owes me money?

What if he proves he can't pay?

 

[lawrat]

The statute of limitations truly depends on a number of laws and which ones rule: bankruptcy; breach of contract; court judgments not satisfied, etc.

http://www.attorneypages.com

____________________________________________________________
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

 

[dorenephilpot]

The statutes of limitations are not all that important here.

Here's what matters: If your name was on the business loans and debts and he files for bankruptcy protection on them, you have three choices:

1. Pay them.

2. Refuse to pay them and be hounded by the creditors.

3. File for bankruptcy protection yourself.

Bankruptcy law (federal law) relieves him of the debts, even if the divorce decree (state law) states he is responsible.

Now, if he had been ordered to pay maintenance, he cannot "get out" of that, even with a bankruptcy. But it doesn't sound like those debts were classified that way.

Hope this helps answer your questions, though it's probably NOT what you wanted to hear.