wisconsin bankruptcy laws
wisconsin divorce law-debts being forced on spouse after divorce due to bankrupsy?
The situation is this. When a friend of mine was separating from her husband he used their joint account to make several thousand dollars worth of charges. He was ordered by the courts to pay the debts that he incurred. He filed bankruptcy soon after this but the debt from this joint account was not forgiven. Currently the creditors are going after his former spouse. Is she legally obligated to pay this debt even though he was ordered to? Should she pay it and go after him for it in small claims court later. She has spoken with her former attorney and a new one and both have given her different advice on the next action she should take. One says to pay it and sue him later and the other says to fight it and go from there. This has been going on for six years and she wants it resolved, but doesn’t want to pay this debt that was not hers. Any suggestions would be much appreciated.
Unfortunately, I believe the creditors can still come after the former spouse. She should not go to small claims court. Instead she should take this back to divorce court, as the terms and conditions of the divorce decree are not being met.
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