Tricky situation: Divorce+mortgages, Ex filed and discharged, now do I?

[Talula]

I am new to this forum, so if this has been discussed frequently I apologize.

Long story, short:
Was married and had a mortgage and equity line on a home and a mortgage on a piece of property. We got divorced, he couldn't refinance, so we included in the divorce decree that I was not responsible for the payment of debts (naiive, I know). Fast forward two years when his business is one of the many affected by the economy and he goes under. Stops paying on the mortgages and eventually filed for bankruptcy, which was discharged 8/11. I have never been contacted by any of the banks about payment, but my credit has been completely destroyed b/c my name is still on all of these loans. I have consulted attornies who have said to wait until they come after me to do anything, but I can't imagine living the next several years of my life just waiting to get that phone call or piece of mail telling me they are pursuing me. I am seeking advice on whether I should also file for bankruptcy since my credit is ruined either way. I have no idea how to go about repairing it.
Thank you for any help you can offer.

[daytona]

Since you are still on the mortgage, they can and will likely come after you regardless of what your divorce decree says. Family court rulings have no bearing on "creditor" issues. Did your ex husband keep the house, surrendering, or attempting to "ride through"? I ask because if he is staying, IE paying the mortgage again, then the bank may decide to not foreclose and there may not be any "deficiency" to come after you for. Need more info before coming to any conclusions on BK decision...

[despritfreya]

Daytona is correct. Your divorce decree is a contract between you and your ex. It is not binding on the creditor. Assuming your ex filed a Chapter 7, if the decree states that he must pay the debt, his obligation to indemnify you if you are asked to pay it is not discharged in his bk (See 11 USC 523(a)(15)). However, that may be of little consolation if he has no way to pay should the requirement arise.

Whether or not you should file a bk depends upon your current financial situation. If you have a lot of other debt that you need to get rid of then filing now may be a good choice. Just remember, if you file a Chapter 7 now and find that you need another bk down the road, you will have to wait 8 years from the filing date to file another Chapter 7 or 4 years from the entry of the Discharge to file a Chapter 13 and obtain a discharge.

Your next step is to discuss your specifics with a local bk attny.

Des.

[Talula]

Thank you for your responses.
He has moved out and is attempting to surrender the house to the bank. The county the house is in is 3 years backlogged on foreclosures, so I guess his attorney advised him to go this route. He would like to submit a forbearance, but that requires my signature. I was told by a bk attorney that I should stay under the radar and out of the bank's line of sight, so I didn't sign the paperwork. I'm admittedly very confused by this whole process. I have an appointment with a bk attorney today to discuss my situation.
I had moved on with my life and found out by checking my credit report that my ex wasn't making payments on the house. I have no other debt to speak of, but could never afford the payments on the loans.