Can an ex wife dismiss bills in Bankrupsy that was court ordered in divorce court?
Gars Girl asked:
My Husbands ex wife was ordered to pay certain bills in their divorce court she has now filed bankrupsy can she really have these bills dismissed in bankrupys court?(she named him as the creditor) She was also awarded the house and did not sell or refinace the house in the 90 days. She quit making payments and she let the house go into forclosure and lost it…along with the equity..can this be dismissed by her as well? I know that my husband is still responsible for the bill because she did not get her name off it…but she should still be held responsible because she was court ordered to take the house payments
My Husbands ex wife was ordered to pay certain bills in their divorce court she has now filed bankrupsy can she really have these bills dismissed in bankrupys court?(she named him as the creditor) She was also awarded the house and did not sell or refinace the house in the 90 days. She quit making payments and she let the house go into forclosure and lost it…along with the equity..can this be dismissed by her as well? I know that my husband is still responsible for the bill because she did not get her name off it…but she should still be held responsible because she was court ordered to take the house payments
yep if no judgement was placed on her ( a divorce is NOT a judgement against the said bills in question..it only states she pays them)…she CAN declare bankruptcy
most bill collectors DO not care if it is in the court order I know..my ex was court ordered to pay the bill and he did the same thing..I got stuck with it..HOWEVER even if she declared bankruptcy on this and he has to pay it…HE can take her to small claims court to have her wages garnished against what the divorce SAID she had to pay..EVEN if she does the bankruptcy
Comment by Cham — December 15, 2009 @ 3:55 pm
welll….i’m one of those ex-wives…sorry …but yea i did it.
Comment by dam_i_give — December 16, 2009 @ 7:14 am
If he is named as the creditor, he can go to court on the day she appears and contest it. Your husband should have gotten his name off of the mortgage. Until he does this he is legally responsible. The mortgage company doesn’t care what the court says, they care about the signed contract.
Comment by Stacie's Mom — December 17, 2009 @ 7:50 pm
Ah, the joys of divorce….she played by the rules and screwed the husband yet again.
Comment by El Supremo — December 18, 2009 @ 6:13 am
Sorry but if she legally declared bankruptsy and the court let her dismiss those bills despite a divorce court order to pay there is little to be done. The woman has gone bankrupt so she has no money to pay anything.
Comment by CindyLu — December 18, 2009 @ 6:22 am
When I did my bankrupts my lawyer told me that I COULD NOT put any bills that was in his name on the bankrupts. Iam the one who moved and he had the house. Even though I did bankrupts he still had to pay me off on the house. He did have to pay me within 90 days of the divorce or he had to pay interested to me for every month there after. Iam not sure, but I do believe she still has to pay him off on the house because it was made through the divorce and it was signed off by a judge. Now her part of the bills can go on the bankrupts. I hope I help………I wish you and your husband the best of luck:)
Comment by kaykay — December 18, 2009 @ 10:58 pm