One of the questions we are most frequently asked is, “What happens to me if my former spouse declares bankruptcy?” The answer is, as always, it depends. Mainly it depends on whether you are obligated on any of your ex’s debts. These could be credit cards, car loans, or mortgages that the two of you entered into jointly or that you are a co-signer for.
A proactive first step is to pull your credit report and see if any of your ex’s debts appear on it. You are entitled to get one free copy of your credit report each year from each of the three credit reporting agencies. You can get yours online at www.annualcreditreport.com.
If you find debts on your credit report that relate to your former spouse, it may be smart to review your divorce decree and see if they were, or were supposed to be, resolved as a term of the divorce. You may want to call your divorce attorney for clarification.
If you have taken out joint debts and your ex files bankruptcy, you may be facing liability for 100% of them. If you find yourself in this position it is probably worth your time to come in for a free consultation. It is possible that your ex is filing bankruptcy due to an imminent creditor lawsuit. As soon as s/he files, that creditor may turn their attention toward you.
If your ex has filed bankruptcy, or if you’re considering filing and want to know how it will affect your ex, give us a call.