What happens to joint debt tha my husband was supposed to pay as per our divorce decree if my he files for bankruptcy?

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What happens to joint debt tha my husband was supposed to pay as per our divorce decree if my he files for bankruptcy?

I was divorced 3 years ago. The divorce decree states that my husband will assume $10,000 of joint credit card debt. He filed for bankruptcy last year and now the credit card company is trying to collect from me. I want to file a contempt of court motion to make him pay. But if I do, can the judge order that his wages be garnished? And if it does, who garnishes the wages – the court or me?

Asked on November 24, 2012 under Family Law, Iowa

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your "ex" received a bankruptcy discharge for a joint debt per a divorce degree and you failed to contest the discharge of such debt per your divorce decree, you unfortunately under federal bankruptcy laws are now obligated for the full amount.

Given what yoiu have written, I suggest that you consult with a family law attorney with experience in bankruptcy to assist you in your matter further to see what your legal options are.


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