Anniston, AL asked in Bankruptcy and Divorce for Alabama

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.

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1 Lawyer Answer
Rafael Gil III
Rafael Gil III
  • Bankruptcy Lawyer
  • Dothan, AL

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.....

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