Q: Can my ex-husband file bankruptcy on newly acquired debts after a divorce?
My husband wanted to file bankruptcy, but he heard in the state of AZ that the debts will just be transferred to the other spouse. However, in a divorce, if I convince him to take all of our debt, is he able to file bankruptcy on all of the newly acquired debt? Or is there some law that states that you cannot file on newly acquired debt from a divorce?
A:
He won't acquire any debt during the divorce. Even if he assumed all of the *community* debt, that's debt he's already responsible for at this time. The family court can't transfer any of your sole and separate debt to him.
He can declare bankruptcy but for jointly titled debt, the creditors may still come after you even if the debt was assigned to him during the divorce. Your divorce decree has no jurisdiction over creditors.
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