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rdrunner28 · Nov 23, 2010, 11:42 AM

I had my final divorce hearing yesterday, and the judge order that I continue to make payments on the vehicle that my ex-wife has in her possession or face jail time for contempt of court. He actually threatened to have me locked up yesterday. Earlier this year, I filed for a Chapter 7 bankruptcy, and all debts were discharged; however, I did not reaffirm the debt on the vehicle. Can the judge in a divorce proceeding order me to continue paying this discharged debt?

this8384 · Nov 23, 2010, 12:06 PM

Originally Posted by rdrunner28

I had my final divorce hearing yesterday, and the judge order that I continue to make payments on the vehicle that my ex-wife has in her possession or face jail time for contempt of court. He actually threatened to have me locked up yesterday. Earlier this year, I filed for a Chapter 7 bankruptcy, and all debts were discharged; however, I did not reaffirm the debt on the vehicle. Can the judge in a divorce proceeding order me to continue paying this discharged debt?

Was the vehicle debt included in your bankruptcy filing?

The issue is that even if you filed for bankruptcy and cleared yourself of the responsibility of having to repay the debt, your ex-wife is still liable to pay if her name was on the loan. However, the judge has ruled that it is your responsibility to pay her portion of it for some reason or another.

Do you have an attorney handling this for you? I definitely would.

rdrunner28 · Nov 23, 2010, 12:16 PM

Yes, the debt was included in the bankruptcy filing. Her name was not on the loan, but she was awarded the vehicle in the divorce. I did have an attorney that withdrew from the case because I could no longer afford to pay his fees. He withdrew from the case one week before the hearing, which was granted by the judge.

this8384 · Nov 23, 2010, 12:45 PM

Originally Posted by rdrunner28

Yes, the debt was included in the bankruptcy filing. Her name was not on the loan, but she was awarded the vehicle in the divorce. I did have an attorney that withdrew from the case because I could no longer afford to pay his fees. He withdrew from the case one week before the hearing, which was granted by the judge.

As I said, you filed bankruptcy so the vehicle is technically your wife's financial responsibility - but the judge ruled that "her" responsibility is yours.

I'd get another attorney, or at least consult with one.

twinkiedooter · Nov 23, 2010, 04:40 PM

Originally Posted by rdrunner28

Yes, the debt was included in the bankruptcy filing. Her name was not on the loan, but she was awarded the vehicle in the divorce. I did have an attorney that withdrew from the case because I could no longer afford to pay his fees. He withdrew from the case one week before the hearing, which was granted by the judge.

Your wife was awarded the vehicle in the divorce. That means that YOU should have reaffirmed the car loan and kept paying it per Court Order. You are going to now have to go before the same Judge and face contempt of court for a. not reaffirming the car loan and b. for not continue to keep paying it. Your wife was under no obligation to pay for the vehicle as YOU were Court ordered to do so. You just complicated matters by filing bankruptcy. I don't think the Judge is going to care about that little technicality.

You might want to contact the car loan company and see if you can work out something with them or go before the Judge in the divorce action and explain to him why you are not paying for the vehicle that your wife was awarded by him. Tough decision here unless you want the Judge to lock you up for awhile for Contempt of Court. Big tip: Don't piss off the Judge if you can help it as he will happily lock you up if he has already threatened to in open court.