Expert: Terry Leeders - 4/10/2008

Question
My husband ex wife has done everything in her power to make our life miserable. I have a couple questions. Fist.. can you amend a bankruptcy 3.5 years after it has taken place if you forgot a judgment?

My husband got mailed papers yesterday saying that his ex wife is suing him for a judgment that was in their divorce decree. Two years after the divorce was final, my husband filled bankruptcy. I have gone through the entire bankruptcy document and can't find this judgment at all included in the bankruptcy. Does this mean he has to pay it or can a bank. document include items that were forgotten since it was before the actually bank. took place?

Answer
Couple issues here:
1. you can bring a motion to reopen a case, there is a court fee to do so. Then it will be up to the judge to decide, based on reasonable and necessity.  I have seen most of them granted here in Illinois.

2. Divorce debts: 1. Generally, divorce debts are not dischargeable in bankruptcy.
3. Divorce decree: the divorce decree will control, say there was a joint debt, that the decree said your husband was to be responsible for.  Even if he files bankruptcy, the lender can then go after the cosigner, here, his ex.  She then can enforce the divorce decree to still get your husband to pay the debt.

Hope that helps clear up the situation.