Can I be sued by my ex-wife for a bill while in Bankruptcy?
In April 2014, I lost my job and after reviewing the financial situation, I declared bankruptcy. I listed the CIBC Visa in the bankruptcy and I just got a letter from a lawyer saying that I am being sued for my portion of the bill by my ex-wife.
She was the primary on the card and I was the secondary. During the divorce, that happened in 2012, it was agreed that I would pay 60% of the outstanding balance monthly.
I am being told that I am in contempt of the court order.
I was paying that until I went bankrupt in April 2014. Do I need to fight this through the courts, as I don’t have the money to retain a lawyer for this?
I would think that she is now on the hook for the balance and it was not my intention to do that but, it was out of my hands.
Thanks in advance for your answer.
You cannot be sued for this amount as there is a stay of proceedings in effect because of the bankruptcy.
The visa debt will be erased upon your discharge from bankruptcy.
You should put your ex-wife on your list of creditors because she will have a claim in the bankruptcy for the credit card debt for which she is responsible.
You should also advise whoever said you were in contempt of court of your bankruptcy.
- LIT (Licensed Insolvency Trustee)