Kentucky Bankruptcy Law

Counsel with Care

Divorce, debt and the Devil’s heyday

I was sitting in state court just the other day and saw yet another example of the interplay between divorce and bankruptcy. A creditor had sued a woman for a delinquent debt. The woman came to court to defend against a motion for default judgment. Her defense was that she was not responsible for the debt because it had been assigned to her ex-husband in their divorce.

Unfortunately, that is not a valid legal defense. Many divorced persons erroneously assume that the divorce decree assigning debt to their ex also absolves them of liability on that debt. It does not. This woman is now facing wage and bank account garnishments because her ex-husband failed to pay the debt. He may have even filed bankruptcy which would explain why the creditor was only coming after the woman. Her only option is to go back to family court and get that judge to enforce the divorce order using contempt powers and make the ex re-pay her for what it cost her. If he only filed a Chapter 7, his obligation to her remains. If a Chapter 13, it would likely be treated as an unsecured debt that can be discharged since it is not the same as child support or alimony.

Regardless, if he is without resources, this may mean he spends some time in jail for contempt, but the woman’s finances are still wrecked and she may also have to file bankruptcy to get relief. Ah, divorce – the curse that keeps on cursing – the devil’s own little specialty area. Anyway, it is important for family law practitioners to know something about bankruptcy and bankruptcy lawyers to know something about family law so that their clients are not caught unaware.

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April 19, 2013 - Posted by | Bankruptcy, Debt collection, Divorce, Family Law, Garnish | , , , , , , , , ,

2 Comments »

  1. I am going through the same situation as the lady that you wrote about in your comment. I have abided by every thing that was in the divorce agreement paying my part of the debt and then some while my ex-wife has continually been late on her payments. She has dropped my credit score from a 760 to under a 560 in a matter of a year or so and without my knowledge until recently. I have worked hard all my life and paid everydebt that I have incurred, paying for her education, doctor bills and credit cards. It isn’t fair and I need to know what I can do about it, she is intentionally trying to ruin me. Thanks for this article and any advice or help you may be able to provide will be appreciated.

    Comment by Russell Adams | November 16, 2010 | Reply

  2. Geez, debts really fuel the supposedly taming fire of ex-couple unders divorce who might have been adjusting to their new situations and moving on with their lives.

    more – http://www.aswdlaw.com/practice-groups/private-client-group/domestic-relations/

    Comment by Nicole Gray | October 1, 2012 | Reply


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