One of the most common questions I get from people who are divorced when they file bankruptcy is whether or not they have to tell their ex-spouse. They are reluctant to notify their spouse of their having to file bankruptcy, usually out of embarrassment.
As is the case to so many legal questions, the answer of whether the ex-spouse has to get notice of a bankruptcy is often, “it depends”.
There are three circumstances that require you to give notice to an ex-spouse. The first is if you owe him or her child support or alimony. Second, if your ex-spouse is a co-signer/co-debtor on any of your debts, you’ll have to send them notice. The most common such debts are mortgages or auto loans. Third, if you owe your ex-spouse a debt, you must notify him or her of your bankruptcy. These kinds of obligations can arise from a division of property in a divorce.
Remember that your overarching obligation in bankruptcy is to disclose all of your income, assets, debts, and expenses. If you refuse to fully disclose that information, you could find yourself facing a dismissal action, which would leave you without the protection of the bankruptcy court.
If you are filing bankruptcy and don’t want your ex-spouse to know, the better course is to be up front with him or her. Consider telling them before you file instead of having them get notice from the bankruptcy court without any word from you.
If you have questions about who will find out about your bankruptcy, we hope you’ll come in for a free consultation with an experienced Colorado bankruptcy attorney. You can schedule an appointment by calling 303.331.3403 or by using our online scheduling system.
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