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?

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1 Lawyer Answer
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

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

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