
When an experienced bankruptcy attorney gets ahold of this type of situation, it boils down to one question; do you need to protect the divorce agreement provisions when your ex files bankruptcy? The first thing Jared should do in this situation is to consult his divorce attorney. If you didn’t use an attorney, you may want to pay for a consultation on the matter.
According to bankruptcy law, divorce agreements (i.e. Marital Settlement Agreements or Divorce Decrees) survive a bankruptcy discharge. An individual cannot eliminate debt that they agreed to pay in a divorce agreement. For instance, a husband and wife have a joint credit card. During their divorce, and included in the divorce settlement, was the agreement that one spouse would be personally responsible for all or a certain portion of the credit card debt. The spouse then decides to file for bankruptcy to eliminate their responsibility. This liability will survive the bankruptcy filing (luckily for the non-filing spouse).
There is one very important exception: if both parties involved in the divorce file bankruptcy after the divorce, the debt is discharged for both parties.
In the above situation, if Jared does not file for bankruptcy, he can enforce the divorce agreement even after his ex completes her bankruptcy. Nothing needs to be done or filed with the bankruptcy court in order to do so. The divorce agreement simply outweighs the bankruptcy discharge.
If you still have questions about filing bankruptcy or how your ex’s bankruptcy will affect your finances and your credit, please get in touch with the experienced southern California bankruptcy attorneys at Westgate Law.