Why is my ex husband sending me a copy of his bankruptcy Chapter 7 case? I don’t know what bills were to be paid by who?? Thanks
5 attorney answers
You don’t indicate whether your ex owes you money or whether you have any remaining jointly held assets.
If you do, I would recommend consulting with an attorney to review the specific details of his case and advise you on whether you will be affected.
Attorney Jay Perez is a Partner at Perez & Perez. Attorney Perez manages offices in Indianapolis and Lafayette Indiana. Attorney Perez is licensed to practice before the Supreme Court of Indiana, Federal District Court for the Northern District of Indiana, and the Federal District Court for the Southern District of Indiana. The private law firm of Perez & Perez is a debt relief agency helping people to file for bankruptcy relief under the bankruptcy code. Answers given on this forum are not intended as legal advice. You are strongly encouraged to speak to your attorney about your specific situation prior to taking any action.
If you were owed money they would add you as creditor or co-owner of property. But his attorney may have just said it is their policy to add on any ex spouses and list debt as notice only if no debt was owed or amount owed as unknown. Only they know. But if you are not owed any money and not a co-debtor do not worry about it.
I do remember a client who had trailer home awarded ex 15 yrs before, he paid on it for 10 yrs before default and then creditor sued before the 6 yr period so it was about 14 yrs old or so!
I agree with the above answers. He may also just be "covering all his bases" and is adding you in just to make sure that he has not missed anything. I always advise my bankruptcy clients to add in any and all potential creditors if there is any chance that they may have any claim or potential claim. Adding in the creditor costs nothing and in most instances "puts the monkey on the back" of the creditor and forces him/her/it to come forward with their claim or run a high risk of losing the claim when the case is discharged.
Licensed to practice in the State of Georgia only. The statements provided herein are for general informational purposes and should not be relied upon as a legal opinion or statement of the law. An attorney licensed to practice law in your locality should be consulted as to the law in your state.
Does he owe you any money? Alimony? Child Support? Property Settlement? Being owed money is the main reason for you to get a notice. Register on PACER and you can see his case file and if he listed you as a creditor. If you are owed alimony, child support or a property settlement, it is not dischargeable in Chapter 7, but he still has to notify you of the case.
Please note this is to be considered general advice and not legal advice about any particular situation. The answering of any question does not...
You may have been sent the paper because you were a co-debtor on some of the debts he listed. Technically, if he gets a bankruptcy discharge on these debts, the creditors could come after you if they can find you. However, that seems unlikely after so many years.
This opinion is meant for general education purposes only. If you are not an existing client, do not construe anything in the email to make you a client. The attorney's opinion is based...