If your ex-spouse files bankruptcy rather than paying the debts assigned to him in the divorce, you may have to deal with
creditors of joint debts on which you are still listed.
Not exact matches
In the event
of a spouse's death,
creditors can not automatically remove the deceased person's name from the
joint account and make the
debt the sole responsibility
of the living spouse.
With a Chapter 13 bankruptcy, if the filer submits a plan that will address all
of the
joint debt, the
creditor can not pursue the spouse for payment
of the
debt during the restructuring payment period (which generally runs for up to five years).
If a
joint debt payment programme is revoked on the grounds
of separation,
creditors can not immediately take action to enforce court orders (use «diligence»).
If your partner declares bankruptcy,
creditors and the Canada Revenue Agency can go after
joint assets — like houses or bank accounts — to reclaim the
debt, says Laurie Campbell, CEO of Credit Canada Debt Soluti
debt, says Laurie Campbell, CEO
of Credit Canada
Debt Soluti
Debt Solutions.
In fact, even in the special situation where there is a legal separation agreement stating that each partner is to assume half
of the
joint debt, a
creditor can still pursue the other spouse for all amounts outstanding if one
of the partner defaults.
In the absence
of a bankruptcy discharge, the
creditor may sue either or both spouses for satisfaction
of a
joint debt.
The debtor spouse is no longer liable for that particular
joint debt to the
creditor, but the non-filing spouse remains liable to the
creditor for the full amount
of the
debt.
With a bankruptcy discharge
of one spouse, the
creditor may look to the other spouse for full payment
of the
joint debt.
The Federal Trade Commission notes that
joint creditors can still pursue you for
debts you share with your former spouse — even if the divorce decree absolves you
of your liability for the
debt.
However, your ex-spouse's Chapter 13 bankruptcy offers you the protection
of an automatic stay, or postponement,
of collection actions on
joint debts, so the
creditors can not come after either
of you while the Chapter 13 case is pending.
Creditors are not bound by the terms
of your divorce decree, so they can hold you responsible to pay a
joint debt even if your divorce decree says your ex-spouse must assume responsibility for it.