Bloomington, IN asked in Bankruptcy and Family Law for Indiana

Q: Can I sue my ex-husband for a joint debt he was supposed to be responsible for if he files for Chapter 11 bankruptcy?

I just found out my ex-husband is filing Chapter 11 bankruptcy. A credit card that he agreed to pay at the time of our divorce (6 years ago) is included in his filing. I understand the creditor has the right to collect the debt from me, despite the divorce decree. Can I pay the debt and sue him for the balance, or does his bankruptcy prevent me from recovering this?

Related Topics:
1 Lawyer Answer

A: You simply need to file a motion in the divorce to hold him in contempt for non-payment.

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.