img;

Bankruptcy, Divorce & Your Secured Loans

If you are divorced and your ex-spouse has filed a Chapter 7, Chapter 11, or Chapter 13 bankruptcy case, you are probably wondering how it is going to impact you. Many people are surprised to learn that their ex-spouse's filing does not eliminate ALL obligations to pay a loan.
Facebook
Twitter
LinkedIn

Table of Contents

If you are divorced and your ex-spouse has filed a Chapter 7, Chapter 11, or Chapter 13 bankruptcy case, you are probably wondering how it is going to impact you. Many people are surprised to learn that their ex-spouse's filing does not eliminate ALL obligations to pay a loan.

If you are divorced and your ex-spouse has filed a Chapter 7, Chapter 11, or Chapter 13 bankruptcy case, you are probably wondering how it is going to impact you. Many people are surprised to learn that their ex-spouse’s filing does not eliminate ALL obligations to pay a loan. Specifically, your ex-spouse’s bankruptcy filing does not eliminate your personal liability. Once your ex-spouse files for bankruptcy, unless the co-debtor stay is in effect, the lender will start expecting payments from you on all joint debts. This can be true, even if your divorce agreement provides that your ex-spouse is required to pay the debt.

If the debt at issue is a secured loan, and you do not want to keep the collateral and pay the remaining balance, you may want to consider surrendering the asset to the lender. It is essential that you understand whether the creditor will be paid in full by the surrender, or if you will still be liable to pay any deficiency balance. If you surrender the collateral, it is important to understand it will have a negative impact on your credit score.

If you decide to keep the collateral and repay the loan, you will want to confirm that the lender continues to report your payments to the credit bureaus. It is common for all reporting to stop as soon as a bankruptcy notation is placed on the account. However, it is important that you continue to receive the benefit of improving your credit score by making payments.

Please keep in mind that every case is different. If you have questions about filing personal bankruptcy or how debts from your divorce will be handled in your filing, and you would like to schedule a no-cost consultation, please contact our office by completing the form on this website or calling us at 954-466-0541.

Related Posts

Image of a person looking at the bankruptcy forms in shock.
How Long are the Florida Bankruptcy Forms?
Filling out these forms requires a thorough understanding of your current financial affairs. You'll need...
Image of a watch over some money, related to the time it takes for Chapter 7 bankruptcy in Florida.
How Long Does Chapter 7 Take in Florida: A Comprehensive Guide
Now, let's address the question at hand: how long does Chapter 7 take in Florida? Typically, the Chapter...
Image of a guidebook for chapter 7 bankruptcy: Florida qualifications.
Chapter 7 Bankruptcy: Florida Qualifications - Your Guide to a Fresh Start
Chapter 7 Bankruptcy, often referred to as straight or liquidation bankruptcy, is a legal process that...
Image of a comprehensive guide for exploring Florida bankruptcy laws.
Exploring Florida Bankruptcy Laws: A Comprehensive Guide
Bankruptcy is a legal procedure that allows individuals or businesses struggling with debt to seek relief...
Schedule Your Business Bankruptcy Strategy Session

Claim Lead Magnet Form Submission

Signs user up for long term narture compaign
If you are considering filling for bankruptcy , this would be the firm to use! Jonathan is very experienced as well as all of his team, Specially Anne ! They made the process very easy and my case was approved due to their help and expertise! I am very grateful to have had them representing me !
Xime Basa
Xime Basa
2023-09-28
I highly recommend LSS Law. No complaints. Jonathan, Ann, and Maria were very professional and clear in all our communications, which makes everything really easy.
Donald Galindo
Donald Galindo
2023-09-05
Great service. Friendly and helpful staff. Highly recommend.
Al La
Al La
2023-03-29
Jonathan and Anne were wonderful and I thank you for helping me with my new beginning.
ADRIANNE SURRENCY
ADRIANNE SURRENCY
2023-03-29
I had a wonderful experience with Jonathan Leiderman at LSS Law. Not only is he well experienced, but he is also very patient and supportive throughout a tough time. I appreciate that he takes such a hands-on approach where there is no going through office staff and waiting for a reply. He deals with you one-on-one, and he is your single point of contact. He takes time to answer all your questions and takes the time to ensure that you understand every aspect. He is highly communicative and does so in a timely manner.... I always got a response within minutes or hours, at the latest 24 hours. I don't know how he does it all, but I am grateful that I had him to represent me! I highly recommend Jonathan and LSS Law!
Jewel Nicholson
Jewel Nicholson
2023-02-16
Jonathan Leiderman did a phenomenal job representing me and taking on my case. His knowledge, experience, and diligence quickly became apparent through his work product and the correspondence that he maintained with me. Furthermore, he was always quick to answer my questions and put my mind at ease during the entire process. Jonathan and LSS Law will forever have my gratitude and I highly recommend their services to anyone who is in need of them.
Ali
Ali
2023-02-06
I am really greatful to attorney Jonathen Leiderman for patiently working with me through a very stressful period of ambivalence, and then towards resolution of a difficult predicament. His professionalism and empathy were exceptional. I would recomend him to all who need similar services.
Peter G
Peter G
2022-04-04
Excellent company to work with providing timely advice and guidance. Went above and beyond in assisting our company with an out of state bankruptcy issue
Diane Artioli
Diane Artioli
2021-10-08
This company was very professional, sympathetic and very reasonably priced.
Kemel Gajraj
Kemel Gajraj
2021-09-13

Hear From Our Clients

Google Reviews

Contact us for your Strategy Session

When you’re ready to take the next steps toward a secure and successful future, please get in touch with our team for your Strategy Session.

News Form
Scroll to Top

Claim Lead Magnet Form Submission