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    #1

    Divorce Decree Question

    Hi all. I am new to this forum, but I have a very important question. Back in 2002 I was granted a divorce from my 1st marriage. In my divorce decree it stated that I would responsible for paying the loan on our vehicle that I took with me (It was in both names, His name first, mine second)

    Back in 2005 I filed for Chapter 7 bankruptcy. This loan was required to be put in my petition. A letter got sent to the bank of the ex and he was notified. He never did anything about it to dispute it.

    I received my discharged in 2006 and moved on with my life.

    Now it is 2009 and I received word from my attorney that he is now taking me to court about this loan.

    My question is , will this amount to anything or has he lost his chance to really make me liable???

    The petition is being presented to the court on Oct 15, 2009. His attorney just presented the papers to my attorney this week.
    Filed Chapter 13: 8/2006, Confirmed: 10/2006
    Total # of payments: 60 / ZERO REMAINING!!
    Case CLOSED: 01/27/2012
    Tags: None
    #2
    He is violating the discharge order. Sue him.
    7-2-2009 Filed
    8-28-09 341 Concluded, no assets
    10-28-09 DISCHARGED/CLOSED!!!!

    Comment

      #3
      No.. I was the one that said I would be responsible for making the vehicle payment. I filed chapter 7 and was discharged for that loan, leaving him responsible for payment. It has been 7 yrs and he is now wanting me to pay it.
      Filed Chapter 13: 8/2006, Confirmed: 10/2006
      Total # of payments: 60 / ZERO REMAINING!!
      Case CLOSED: 01/27/2012

      Comment

        #4
        atlanta-bankruptcy.net - This website is for sale! - atlanta bankruptcy Resources and Information.
        http://www.kateowenlaw.com/researchandbriefs/bankruptcyanddivorce.pdf
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        Filed Chapter 7 (Primarily Business Expenses) 04/10/2008 FICO 468 :cry:
        341 on 05/06/08:unsure:House appraisal on day 63:blink: 07/10/2008 Discharged-Asset Case!!!:yahoo:08/09 Transu 559, Equifax 636, Experian 647
        Case Closed 07/15/2009 :D:yahoo:

        Comment

          #5
          So in laymen's terms. I am not liable to the Bank that the loan was issued from, but my ex husband taking me to court is him suing me to pay him the money.

          Am I correct????



          What are my chances of getting out of this? I am currently in Chapter 13 repayment program with 25 months remaining. 90% of my paycheck goes to my repayment plan.
          Filed Chapter 13: 8/2006, Confirmed: 10/2006
          Total # of payments: 60 / ZERO REMAINING!!
          Case CLOSED: 01/27/2012

          Comment

            #6
            I'd ask him kindly to not sue you.

            I'm not C13 savvy so I don't know if this debt existed when you filed or whether it can be added to your plan.
            Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

            Comment

              #7
              Ha Ha. That's funny.. ask him kindly... well.. after almost 5yrs of him knowing about my Chapter 7 and not suing me until NOW.. I don't think his answer would be in my favor.

              I had no clue that I could be responsible for this debt when I filed. I don't have any room in my plan to add any more debts. I am already of my paycheck.
              Filed Chapter 13: 8/2006, Confirmed: 10/2006
              Total # of payments: 60 / ZERO REMAINING!!
              Case CLOSED: 01/27/2012

              Comment

                #8
                Ok, I'm confused... did you file a 7 or a 13? Did you start as a 7 and get converted?
                BK Ch 7 Discharged 09/2009 | Anything I say can and should be used as friendly advice and sharing of experiences with an unbiased viewpoint.
                Scores: EQ 745 EX 704 TU 710 as of 08/15/2012

                Comment

                  #9
                  I filed a Chapter 7 in 2005 and was discharged for it the same year. I had to then file a Chapter 13.
                  Filed Chapter 13: 8/2006, Confirmed: 10/2006
                  Total # of payments: 60 / ZERO REMAINING!!
                  Case CLOSED: 01/27/2012

                  Comment

                    #10
                    Have either you or your ex-husband remarried?
                    Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

                    Comment

                      #11
                      Oh, I didn't realize you could that... I thought there were a certain number of years you had to wait before you filed again...

                      Anyhooo... if the debt was originally listed in your chapter 7 and your liability was discharged from that debt ... then I can't see how he can sue you for it now?

                      Was the debt changed to just your name after the divorce or was it still in both names but you were responsible for it?
                      BK Ch 7 Discharged 09/2009 | Anything I say can and should be used as friendly advice and sharing of experiences with an unbiased viewpoint.
                      Scores: EQ 745 EX 704 TU 710 as of 08/15/2012

                      Comment

                        #12
                        No. funny thing is the debt was in both names.. his name first and my name second. WE had taken out a home equity loan on the vehicle to reduce our payment. Funny thing is i even traded in the vehicle in 2005 (before I filed bankruptcy) and he HAD to sign the title in order for me to do it..
                        Filed Chapter 13: 8/2006, Confirmed: 10/2006
                        Total # of payments: 60 / ZERO REMAINING!!
                        Case CLOSED: 01/27/2012

                        Comment

                          #13
                          Originally posted by shellbell View Post
                          No. funny thing is the debt was in both names.. his name first and my name second. WE had taken out a home equity loan on the vehicle to reduce our payment. Funny thing is i even traded in the vehicle in 2005 (before I filed bankruptcy) and he HAD to sign the title in order for me to do it..
                          When you traded in the vehicle in 2005, was his name on the new loan? If you traded it in, and the old loan got paid off in full, and the new loan was only in your name, then he should have no responsibility for it.

                          However, if he is responsible for the loan you went bankrupt on (to the banks), then look at it from his perspective. As far as he knew, you were going to be responsible for this debt, and you kept the vehicle. So, I'm sure he wasn't happy when he got notification from the bank (or collection agency) about this. From his perspective, this really isn't fair at all. I don't want to harp on this, just think maybe you could come to an agreement with him so he won't sue. Maybe offer him some cash or something? Have you talked to him at all since the divorce?

                          Just my .02 Good luck with getting this resolved amicably.

                          Comment

                            #14
                            If he was willing to work with me on things.. yes.. I could be amicable. I simply can't afford to give him any money for it until my Ch13 is finished. There are other contributing factors that really make our situation even. He has had doctor's bills billed to me that he refused to pay. (the insurance in my name). I carry the insurance for the children.

                            My attorney never advised me that I would be responsible for this loan even though it was in my decree.
                            Filed Chapter 13: 8/2006, Confirmed: 10/2006
                            Total # of payments: 60 / ZERO REMAINING!!
                            Case CLOSED: 01/27/2012

                            Comment

                              #15
                              Originally posted by shellbell View Post
                              If he was willing to work with me on things.. yes.. I could be amicable. I simply can't afford to give him any money for it until my Ch13 is finished. There are other contributing factors that really make our situation even. He has had doctor's bills billed to me that he refused to pay. (the insurance in my name). I carry the insurance for the children.

                              My attorney never advised me that I would be responsible for this loan even though it was in my decree.
                              I totally understand. It's a little more complicated than it looks on the surface. ;-) I have similar things going on where I have never found out about a doctor's a dentist bill until the collection company calls me because the insurance is in my name, but my ex took the kids to the doctor, never paid, and ignored all of the notices they sent her. It really is very frustrating.

                              I just don't know how you're going to be able to resolve this, though. If the loan is in both of your names, the decree said you were obligated to pay it, and you went bankrupt on it, I think legally you're stuck (I could be wrong though). However, he's going to have to pay thousands to the attorney, so I was thinking that (depending on the amount), something might be able to be arranged? I know this might be very naive though if he just enjoys making your live difficult, though. I hope you can figure something out here. Have you talked to your BK attorney?

                              Comment

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