Verhalen, TX Bankruptcy Law Firms & Lawyers

The creditors unfortunately are not bound by divorce decrees or separation agreements. If your name was on the debts including as a cosigner or co-debtor, you would still owe on the debt. You may want to consider filing a Chapter 7 bankruptcy, you could then have this unsecured debt discharged in the Chapter 7 (it does not matter if a judgment against you has been entered or not).

Unfortunately, you can't get the bankruptcy off your credit report. By law, credit reporting agencies have the right to report a bankruptcy for ten years from the date the case was filed. The bankruptcy is a part of your credit history - you don't dispute the fact that you filed for bankruptcy. Two years after bankruptcy is a very short time to expect to be obtaining credit and loans - especially considering where the economy is. Even if your credit was just okay, I doubt you would be able to get a mortgage loan at this point. Give it time, as your bankruptcy ages, it will have less weight on your credit score. Meanwhile, you should pay on time for whatever debt, bills you may have.

It sounds as though you are a defendant in a civil case and a co-defendant filed a bankruptcy petition. If you need his testimony to prove your case, you should be able to take his deposition before trial and to subpoena him as a witness at trial. You cannot pursue him for whatever he may owe you because of the bankruptcy stay, but asking him questions under oath to prove your defense is not prohibited. If in doubt, make a motion in the Bankruptcy Court for permission to subpoena the debtor in your civil case. I hope you are represented by counsel in your case. If not, and if it is important for you to prevail in defending the case, you might want to hire a lawyer while there's still time. Hope this perspective helps.