Results 1 to 5 of 5

Hybrid View

  1. #1
    Join Date
    Mar 2008
    Posts
    3

    Question Ex Filing Bankruptcy - Sue Him Before Or After?

    My ex husband in Tennessee (I'm in NC) says he is filing bankruptcy. I am in the process of trying to find an attorney in Tenn (since that's where our divorce was filed) to sue him for over $12k he owes on a credit card. While it may end up being like getting blood from a stone (he's on disability), I can't just let him get away with his malicious spending. He was paying on the card and admits the debt is his until he decided to file bankruptcy and apparently he was advised to stop payments; I am assuming that means the debt will be included in the bankruptcy (although his name is not on the credit card account, just mine -- and YES I know I'm an idiot for that). So my question twofold: (1) If the debt is included in his bankruptcy and discharged, leaving me fully responsible for it, will any judgment I get against him for the debt also be discharged since it's the same debt? and (2) Is the timing of my suit relevant -- before or after his bankruptcy filing?

  2. #2
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Ex Filing Bankruptcy - Sue Him Before Or After?

    If the debt is included in his bankruptcy and discharged, leaving me fully responsible for it, will any judgment I get against him for the debt also be discharged since it's the same debt?
    If he claims this bill in his bankruptcy, and it's discharged then your going to be responsible for it and you will not get a judgement against him bc it's protected within the bankruptcy. Meaning you can't sue and get a judgement later or you could be in deep doo-doo bc your attempting to collect a debt that is protected by a federal court.
    Is the timing of my suit relevant -- before or after his bankruptcy filing?
    Yes it is...even if you get a judgement which would have to be before he files for bk, you will probably get a judgement and may not be able to collect. If he puts this debt in his bk, your pretty much screwed. You do however have a chance as a "creditor" to argue your stance in his bk hearing.
    Your hope here is that he leaves this debt to you completely out of bk court. This would also put him in a bit of legal trouble which I doubt he will do. His lawyer told him to stop paying you bc he would be in violation if he does so I would also assume that he's claiming this in his bk. He can't show favoritism to one creditor over the other.
    Sorry, but I can't see how you are going to get out of paying this debt....maybe someone else here can offer some insight.

  3. #3
    Join Date
    Nov 2007
    Posts
    811

    Default Re: Ex Filing Bankruptcy - Sue Him Before Or After?

    I used to be a collection agent for several years.
    Technically the ex can't file BK with the credit card, but he can name you as a creditor. The credit card is not party to the BK, so you will likely be stuck picking up the tab. Even if he is stupid his attorney is not going to be stupid.

    Unfortuantely you are going to be liable for paying the credit card. They are not a party to the BK.

    Totally irrelevant to the conversation, but something I wanted to mention:

    Remember that "good people" always lose. ...or honest people never win.
    What is it they say? Fool me once, shame on you. Fool me twice, shame on me.

    About 80% of the disabled people I met were not really disabled, they just did not want to work. The most fun I ever had was when my manager was trying to win a contract with a re-insurer that paid disability claims. We skiptraced their insureds (easy to do when the insureds move and the check goes to the wrong house once) and observed them. We would see people with back problems that could barely walk in court or barely move their hand (carpal tunnel permenant disability claims) bend with the greatest of ease to do yard work, pick up kids, etc. We didn't win the contract, but the work that he put together to present in court (he was a paralegal) was amazing.

  4. #4
    Join Date
    Mar 2008
    Posts
    3

    Default Re: Ex Filing Bankruptcy - Sue Him Before Or After?

    Thanks for the advice, confirmed what I feared. I'm screwed.

    And as to his disability.... you are 100% correct. "Fraud" comes to mind. I will be contacting the insurance company he receives disability payments from with a fraud report; perhaps one of their supersleuths can catch him doing what he does (like construction work under the table with "degenerative back disease" or riding his Harley -- which is in his Dad's name).

    Wondering how much of what I know (which is a LOT .... he left his email acct under mine with the cable company so I was able to intercept some extremely suggestive emails) can be used at a bankruptcy hearing.... would that be totally out of line? It's a small town, so it would, at the very least, bring some personal satisfaction.

  5. #5
    Join Date
    Nov 2007
    Posts
    811

    Default Re: Ex Filing Bankruptcy - Sue Him Before Or After?

    Good luck getting your fair share.

    Well, for the record, I never recommended you playing the role of detective and providing that information.

    Regarding the e-mail, you may want to check with your attorney regarding who actually owns the e-mail in your state and what the wiretapping statutes say.

    You can always, as a creditor, subpoena the e-mails from his ISP in the off chance there is evidence that you can utilize in the e-mails.

    1. Sponsored Links
       

Similar Threads

  1. Chapter 7: Filing Bankruptcy on Your Own
    By JacobF in forum Bankruptcy Law
    Replies: 2
    Last Post: 02-23-2010, 01:36 PM
  2. Bankruptcy Issues: Filing for Bankruptcy Twice
    By leopardmom in forum Bankruptcy Law
    Replies: 1
    Last Post: 07-22-2009, 09:34 AM
  3. Bankruptcy Issues: Filing for Bankruptcy Twice
    By Marc212 in forum Bankruptcy Law
    Replies: 3
    Last Post: 08-14-2008, 12:03 AM
  4. Chapter 7: Filing Taxes Before Filing Chapter 7 Bankruptcy
    By peavoo in forum Bankruptcy Law
    Replies: 2
    Last Post: 01-07-2008, 02:50 PM
  5. Chapter 7: Need help filing bankruptcy
    By lavender123 in forum Bankruptcy Law
    Replies: 1
    Last Post: 10-24-2006, 01:58 PM
 
 
Sponsored Links

Legal Help, Information and Resources