Expert: Terry Leeders - 2/2/2011

Question
Can you be ordered to pay discharged debts in a divorce decree if the bankruptcy was discharged nine months prior to the divorce hearing?

Answer
Yes. this usually occurs where there was joint liability.  The divorce decree can make the debtor owe those debts, since the non-bankrupt spouse is on the hook for the debts after bankruptcy.  If the divorce court orders the debtor to pay, then even though they fled, they can be made liable for those debts thru the marital settlement agreement.