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Ex attached to personally guraanteed loan

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    Ex attached to personally guraanteed loan

    i have a 45K business line of credit that my ex husband and i signed as personal gurantees. i have only had a minor consult with my attorney but am still confused. he implied that in a chapter 7, i will be discharged from the debt but the bank will go after my ex for the money/loan. it is also my understanding that filing a co-debtors stay would protect my ex but that i would have to pay the 45K business line in full on a payment plan. obviously, i do not like either scenario. anyone had something similar thru a divorce in which your ex is still attached to a debt?

    #2
    Filing bankruptcy will only discharge your obligation on the debt. Your ex will need to pay, or file his own plan.

    Not sure what you mean about 'codebtors stay' unless you are referring to ch. 13? For a ch. 13, unless your disposable income is enough to resolve all unsecured debt 100%, the creditor can and will still go after your ex. Again, if you file it only resolves YOUR obligation. Your ex is still responsible.
    Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
    (In the 'planning' stage, to file ch. 13 if/when we have to.)

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      #3
      yes i think the co-debtors stay is with the chapter 13 which would protect him from my bk but then the loan would have to be paid back in full. this would not be a good scenario because it is my debt even though he co-signed (reluctantly) at the time. i wonder if there is anyway around this. i just dont want them to start going after him and the marital home because my children are involved and it would not be fair at all to him or them because of MY debt.

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