Expert: Terry Leeders - 6/2/2009

Question
I filed a chapter 7 two years ago it has been discharged. one of the accounts was on a car that was in my name as well as my ex husbands name. i told him i was filing and that there was a possibility that they may come back after him for the car. well they have now, contacted him about the car he is mad and wants to take me to court. is there anything he can do to me to make me pay the car?

Answer
Hi Nicole.
When there is a cosigned debt, that survives the divorce, the terms of the divorce control in this matter on who will have to pay, even when one party files bankruptcy, they could still ultimately have to pay the debt.  IF the decree said you are to hold him harmless for the payments, then he can go to court to force you to still pay for the car.  Read your divorce decree, then consult with your divorce lawyer.