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Divorce and Chapter 7 Bankruptcy
Only the bankruptcy court can
determine whether debts can be discharged that were incurred during the
course of a marriage and subsequent divorce. Unfortunately, most people learn the hard way that a divorce decree
may not relieve them of their responsibility to pay a debt.
The bankruptcy court will determine which debts quality
for discharge.
What if an ex-spouse files
bankruptcy?
Read your contract. If your name
appears on the contract you may be liable for repayment. A quick
trip to your local legal clinic can answer this question for you. Authorized users are
generally not
responsible for repayment of any debt, especially credit card debt!
What about the house?
A quit claim deed takes your
name off of the deed to the house but NOT the financing & you may be
responsible in case of default. Late pays may also appear on your credit
report.
Some mortgage companies will allow you remove your name
from the financing, but others may not & require the mortgage loan be
refinanced in case of divorce.
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