Bankruptcy is complicated, and so is the dissolution of a marriage. If you have gone through a divorce only to have your ex-spouse quickly file for bankruptcy afterward, you might wonder if you are impacted. After all, you may have already decided how to divide debt in family court, leading to some sticky situations.
So, can creditors come after you even if you've divorced? Should you also file Chapter 7 bankruptcy? This is what you need to know.
Credit Card Debt and Chapter 7 Bankruptcy
Credit card debt is one of the biggest things people have questions about when an ex-spouse files bankruptcy. In family court, you may have agreed that your ex-spouse is legally obligated to take care of a specific debt, so what happens when they file Chapter 7? Your ex has stopped making payments, which means that the creditor comes after you.
When a creditor comes for their money, he or she does not care that you had an agreement in family court. They still want their money. This complicates matters, especially if you have already started moving on with your life.
Bankruptcy Doesn't Mean You Don't Have to Pay
Just because a debt might be discharged for your ex-spouse does not mean that it is discharged for you too. If you did not declare bankruptcy, you may be the target for their collections activity. You may receive phone calls, get letters, or be served a lawsuit. This can feel especially stressful and triggering after you have already been through a divorce and have already faced a lot of difficulty with your divorce in the courtroom.
So What Do You Need to Do?
Your next step is to consult with a bankruptcy attorney to discuss your options moving forward. You may find that you need to go back to court to address the issue. If the credit card debt was not discharged, you may be able to get a court order for financial support from your spouse.
Each case is different, but one thing remains the same: you need to talk to a lawyer. You may even find yourself in a situation where you think you need to file for bankruptcy. In some cases, it might be the best option for you.
No matter your plans, it is important that you talk to an attorney. Bankruptcy attorneys can advise you about the next best steps for your case.
To learn more, contact a Chapter 7 bankruptcy lawyer.
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