Q: Debt responsibility when one spouse files bankruptcy during a legal seperation.
Before my husband and I separated, we had to replace the septic system at our home. His credit was not good enough to finance it, so I had to. In our separation agreement, he agreed to pay the debt. He has recently decided to file bankruptcy and is wondering if he can include that since he accepted responsibility for the debt even though it is in my name.
A: Yes, he can include the debt in his bankruptcy. If he is filing a chapter 13 bankruptcy, he may end up paying for the debt thought his chapter 13 plan. If a chapter 7, he may reaffirm (i.e. assume) the debt and continue paying for it. Either way, if his bankruptcy does not provide payment or he has no intention of paying for the debt, you will be ultimately responsible for it. Sorry.....
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.