Previous Divorce And Statute Of Limitations?

[MrSteve777]

Hi all! I filed and was granted a discharge on 5-27-2010. I was told by my filer that If any debts, that should have been filed in the BK, came to light within a year of the discharge that I could include it in the BK. Is this accurate?

Also, I was divorced in 07 in California and my ex has come after me for $ she says I owe because I was unable to pay off a credit card that was listed in the divorce decree. I think the statute of limitations is 3 years on her ability to sue me, but I want to include it in the BK. Any experience with any of these issues?

Kind Regards,
Steve

[helpmeout]

Depends on how your divorce decree is worded. In mine, it's worded that the debt division is considered support. And that's not dischargeable. Nor is there a statute of limitations on support arrears.

[MrSteve777]

Depends on how your divorce decree is worded. In mine, it's worded that the debt division is considered support. And that's not dischargeable. Nor is there a statute of limitations on support arrears.

Nothing in the decree had anything to do with support. I included the credit card in the BK but the credit card company went after her because I was only a signer on the card. I think I need to send her the notice and get her demand for payment included in the BK. I can't pay it.

[helpmeout]

Nothing in the decree had anything to do with support. I included the credit card in the BK but the credit card company went after her because I was only a signer on the card. I think I need to send her the notice and get her demand for payment included in the BK. I can't pay it.

Is there a hold harmless and/or indemnification about BK in your divorce decree? If so, you won't be able to discharge it. And if there is nothing in the divorce decree that would prevent you from discharging the property settlement, there is also the possibility that your ex now may be able to come after you for spousal support since you changed the property settlement without her consent. But your ex would probably have to get a better attorney than the one she had during the divorce, because a good attorney would have addressed the possibility of BK.