topic Re: Ex-Wife filing Chapter 13 in Bankruptcy

Ex-Wife filing Chapter 13

Anonymous — Thu, 21 Feb 2008 15:49:47 GMT

My fiance's ex-wife is filing chapter 13. The meeting of the creditors is tomorrow. Does he need to attend? I was told by someone who filed chapter 7 they listed their ex-spouse as a debtor and she received all kinds of bills. I tried researching chapter 13 bankruptcy and how it effects ex-spouses but could find very little information. Any help would be very appreciated.

Re: Ex-Wife filing Chapter 13

granny031350 — Thu, 21 Feb 2008 18:07:32 GMT

Does this person have any joint accounts with the ex? Those would be protected from creditor contact with the co debtor stay while in a chapter 13 but after discharge, all debt that was joint will fall on the other party. In a chapter 13, payments are made on the debt and unless it is secured, it isn't always at 100 percent . Depends on lots of factors etc (secured is paid at 100 percent in chapter 13) so if had unsecured joint then that is where the problem would arise.

Re: Ex-Wife filing Chapter 13

Anonymous — Thu, 21 Feb 2008 18:55:55 GMT

Thank you for your reply. Yes, they have several credit card and other unsecured debts from when they were married. Does this mean the car she had repo-ed that he was a co-signer on will be taken care of? Do you have any idea what effect it would have on their house foreclosure? We just found out yesterday, that her 341 meeting is tomorrow. She he miss work and show up at it? Or does it not really concern him?

Re: Ex-Wife filing Chapter 13

granny031350 — Thu, 21 Feb 2008 19:54:46 GMT

She is filing the chapter 13 which will discharge HER part of the debt. However after her discharge, any portion that remained unpaid by her chapter 13 will fall on him to pay off. Now if the house is in foreclosure then the deficiency balance and all the unsecured cards will be gone for her but not for him. They won't be able to contact him while the chapter 13 is in effect which will help out with SOL and sueing but after discharge, if less than 7 years he will be fair game to the creditors to collect the difference.