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Will My Ex Filing Bankruptcy Affect Me?


Going through a divorce is tough enough, but dealing with an ex is always worse. Especially if you find out that they have filed for bankruptcy, because yes, it can definitely have an effect on you.

Here are just a few of the ways your ex filing for bankruptcy could impact you:

  • Mortgage, Debt or Car Payments - A Bankruptcy will not change the fact that your ex is responsible for some or all of your debt depending on the terms of divorce. If your divorce papers say that you are responsible for their payment, it can't be changed.
  • Alimony and Child Support - These are some of the few things that a bankruptcy won't clear away. In a bankruptcy they are considered a primary debt so they will be one of the first things your ex is forced to pay. If you are still getting paid late or not at all through a court repayment plan then have you much more recourse for getting that corrected.
  • Property Settlements - In Chapter 7 bankruptcy, any obligation to pay an ex spouse as part of a property settlement will not be discharged. The tricky part is nailing down whether it is some type of support obligation or if it is a payment for a property settlement. For that you will need the help of an experienced attorney that can go over the particulars of your case and give you advice on how to proceed.
  • Attorney Fees - If your ex is responsible for paying your attorney fees then the matter could go either way. If it is seen as a standard debt then it will be wiped away through bankruptcy but if it is seen as an obligation for domestic support then it won't be. In Georgia, it is generally recognized as a type of alimony so that both sides of the cases will have adequate legal representation and in that case.

Finding out your ex spouse has filled for bankruptcy is not necessarily a cause for alarm. Learn more about bankruptcy by calling The Bankruptcy Law Group to speak to an attorney today!

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