Divorce - Responsibility for discharged debts.

[abblegal]

I have a client who filed Chapter 7 bankruptcy several years ago and discharged certain debts. This client is in the midst of a divorce and the soon-to-be ex-spouse is claiming that my client is responsible for at least half of such debt. This debt resulted from a personal guaranty executed by both husband and wife to secure bonding for a business venture. The issue is whether a debtor can be held responsible for a debt previously discharged (in this instance five years ago) by way of property settlement in a divorce proceeding. To those responding, we are in the Eleventh Circuit / Alabama.

Sincerely appreciated...

[frogger]

I have a client who filed Chapter 7 bankruptcy several years ago and discharged certain debts. This client is in the midst of a divorce and the soon-to-be ex-spouse is claiming that my client is responsible for at least half of such debt. This debt resulted from a personal guaranty executed by both husband and wife to secure bonding for a business venture. The issue is whether a debtor can be held responsible for a debt previously discharged (in this instance five years ago) by way of property settlement in a divorce proceeding. To those responding, we are in the Eleventh Circuit / Alabama.

Sincerely appreciated...

If the debt was discharged in bk, then it is discharged and is no longer owed by anyone.

If the debt was discharged, then why is it even coming up again?

[abblegal]

In review of my original post, I failed to state that my client filed an individual Chapter 7, i.e. my client's spouse did not file. As I understand it, she intended to file years ago but for whatever reason did not do so. I appreciate any assistance available as this seems to be somewhat of a novel issue.

[newbie2]

In review of my original post, I failed to state that my client filed an individual Chapter 7, i.e. my client's spouse did not file. As I understand it, she intended to file years ago but for whatever reason did not do so. I appreciate any assistance available as this seems to be somewhat of a novel issue.

My understanding is that if the discharge came before any civil court proceedings (the divorce and division of assets & debts) then that debt is personally discharged to him and there isn't anything she can do about it (other than make a lot of noise and kick up her heels about it..)