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Friday, 30 April 2010 07:30

Can My Ex Be Chased For A Debt Included In My Bankruptcy?

Written by  Jon
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Question:



I was made bankrupt in 2008, All my creditors were made aware of the bankruptcy. I was/am still married(seperated prior to my bankruptcy) for the last 6 years) the house was in joint names a large loan, and a loan for a time share(which was never used). The house and big loan were ok and they cleared all and did not ask my seperated wife for anything however 2 years on the company for the small loan(asset link) has been phoning me and i have told them that the loan was part of my bankruptcy, they were ok with that but they have been in contact with my ex wife(seperated) to say that she has to pay this now.

Your Question:
Surely they should not be chasing her if the loan was declared as part of my bankruptcy?

She will not be able to pay this as she is only just living on her wages as she only works part time

Many thanks

Answer:



If the loan was in both names and you went bankrupt then your ex would be responsible for the debt.

If the loan was not in both names, and in just your names, then no, they should not be chasing her for the debt.

You may want to review any documents you have related to the loan and/or contact the creditor to confirm if the debt was in just your name or both names.

Thank you for letting me help you.

Jon

If you have a bankruptcy question you'd like to ask, just ask using this online form. All help is free.

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