How can I be removed as a co-debtor

[Bell30656]

What Phil said is my thoughts as well. Just for the record, divorce is a civil action and thus the court that hears it is a civil court.

The keyword in the definition of contempt is "willful". You cannot be held accountable for something that is beyond your control. If he is in bankruptcy that pretty much means that he won't be able to refinance anything.

In addition, if she secures a judgment right now what will she collect? Obviously everything he is getting to keep is exempt so there will be nothing to take even if the court doesn't discharge the debt.

She really needs to get the advice of an attorney.

[keepmine]

His bk should not show on her credit report.
In 04, the 3 CRA's settled a classaction lawsuit and agreed not to list a bk on the credit report for a nofiler who had a codebtor file.
Get your credit reports and see what's listed. If a bk is showing dispute it.

[Bell30656]

I agree with you keepmine... The BK shouldn't show on her credit report. That should be an easy challenge and fix. Of course, I'd rather the debt collectors see it as IIB than believe that they have any possibility of collecting.

[helpmeout]

Regarding ..."How is he in contempt? Well, he didn't refinance her name off of the joint debt. That's contempt" - I respectfully disagree.

Contempt is a wilfull disregard of a court order. First of all, no where did the poster say their court orders required him to refinance to get her name off the debts.... Second, if he attempted and could not refinance (if it was even required) then his attempt at refinancing negates it being a wilfull disregard of a court order and it is now a financial impossibility for him to refinance and thus, it is not contempt.

Also, regarding "And a family court (this is where the case would be heard, not a civil court)can order that his wages be garnished. .." That is also not true. Family Court is not superior to Bankruptcy Court, Bankruptcy Court is a superior court and family court cannot ignore the court orders set in bankruptcy court. If he includes her in his petition, which he can certainly amend and do, if it is not child support or alimony, or he can demonstrate having to pay this debt causes him to not be afforded the protection provided by bankruptcy, ie, it is more detrimental to him to have to keep the debt, bankruptcy court can wipe out that debt. (not the student loan).

I am also not surprised her attorney is fighting to have the contempt hearing stayed....I will be surprised if Family Court proceeds with hearing that while he is in bankruptcy proceedings.

All the bankruptcy is going to do is prevent the original creditors from going after him for payment.

The court order that states that his ex is indemnified in case of bankrutpcy is what is going to allow his ex to sue him in family court when the creditors go after her for payment. It's the only way she will be indemnified. He's in contempt because he's not holding her harmless (he would have to reaffirm the debt to do that).

And if it is in the court order that he remove her name, and it probably is otherwise her filing contempt to enforce the court order and have her name removed from the debt is useless. He's in contempt.

And, yes,a family court CAN garnish an ex spouse's wages. They do it all the time. As my ex has found out.

[sidhesadie]

As someone else stated, contempt is willful disregard. If, in the intervening years since the divorce, he COULD have removed her name from the debts but CHOSE not to, he will be held in contempt, even if he NOW cannot do so.

However, as an example, my ex is on my mortgage with me. I was supposed to refinance him off, but NO ONE would lend me the money. Current lender wouldn't take his name off, couldn't qualify for a refi..nada. Nothing.
I am not in contempt. It is not a willful disregard. You can't MAKE lenders finance a debt. Trust me, my ex is a lawyer, if he could do anything about it he would. However, if I had qualified and chosen not to refi, that would be another matter entirely. So the success of her contempt petition will likely depend on whether he's been insolvent the entire 5 years, or could previously have removed her name and did not do so.

Even so, a successful contempt case will only result, in this case, in a judgement against him for any amount she ends up having to pay, since neither the ex NOR THE JUDGE can 'make' a lender remove her name from a debt she signed for.
The lenders are not bound by your divorce decree/property settlement. You signed for the debt, you're stuck with it if he doesn't pay. Your only recourse is to sue HIM because the two of YOU have an agreement for him to indemnify you. The lenders were not a party to that action and cannot be held to it.

[Bell30656]

Actually he would have been in contempt when he could refinance it and didn't but now that he can't refinance it he is not in contempt. The judge will tell her that she should have brought the action when he was in contempt.

I have a neighbor who's "baby's daddy" was on a state sponsored vacation at one of our state's finer penal institutions. She couldn't find a lawyer (I wonder why) to take him to court for contempt on back child support so she filed the contempt herself. It really backfired on her because the judge not only didn't find him in contempt but dismissed the support order. It seems that since he is serving a really long sentence and the kid is already 16 or 17 any further funds won't be forthcoming.