Divorce Decree Question

[2Bshinyandnew]

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.

So is the original creditor is now going after your ex for 100% of the loan?

[jribe]

depending on your state; but agreements made in divorce decrees are typically non dischargeable.

What happened to the car? Did it get repossesed? Did you keep it? Did he have it?

It sounds like things are pointing towards him being able to win a suit against you.

unless the car arrangement was seperate from your divorce decree...

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.

[shellbell]

2Bshinyandnew... no.. I am ok with the bank. It's the ex husband that is coming after me....

Jribe.. no.. the car agreement was included in the decree.....the vehicle was traded in for another one... and he even signed the title for the thing to be traded in....

The vehicle that we in both names (that this is about) was rolled into a Home equity Loan. That is what I was supposed to continue to pay before I filed Chapter 7... funny thing is.. he has been paying it and STILL able to deduct the interest on his taxes. I didn't hear him complain about that!!

This is all just a mess and he continues to want to make my life miserable.. like i said we've been divorced since May 2002.

I just don't know where he thinks I am going to get the money to pay him back.

[2Bshinyandnew]

2Bshinyandnew... no.. I am ok with the bank. It's the ex husband that is coming after me....

Jribe.. no.. the car agreement was included in the decree.....the vehicle was traded in for another one... and he even signed the title for the thing to be traded in....

The vehicle that we in both names (that this is about) was rolled into a Home equity Loan. That is what I was supposed to continue to pay before I filed Chapter 7... funny thing is.. he has been paying it and STILL able to deduct the interest on his taxes. I didn't hear him complain about that!!

This is all just a mess and he continues to want to make my life miserable.. like i said we've been divorced since May 2002.

I just don't know where he thinks I am going to get the money to pay him back.

I'm still not sure I understand.... How can your ex come after you for an auto loan you were suppose to pay if you already paid it, or it was paid by the dealership on a trade? So this isn't about a car, but an unpaid home equity loan? Is your ex listed as a co-borrower on the HELOC? If the car was rolled into the HELOC, wasn't it paid off?

I'm sorry if I am misunderstanding.

[shellbell]

This is the deal.. again....

We bought the van.. in both names.. his first.. mine second... Rolled it into a Home Eq.... paid off GMAC.. still had the HELOC

We divorced... i took the van.. divorce papers drawn up... states I am taking the van and responsible for the loan. (EVEN though it's a HELOC.. and he has the house and claims the interest------I was paying it.. UNTIL.........)

I filed for Chapter 7... included that loan in my list of creditors.. was discharged in 2006....

He is still paying on the HELOC.. I am not.. he want's what he has been paying from me...

[OhioFiler]

You're in a pretty good position in my opinion. Your ex is lying on his tax returns if he is claiming interest deduction for the payments you made post divorce. Let him know his behavior is illegal. He'll probably not want to go to court.

[shellbell]

I hope you are correct. I guess I will find out on Friday when I go to my attorney.. wish me luck!!!!!