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Subject:  Re: Anyone ever fought a debt lawsuit? Date:  2/21/2012  7:40 PM
Author:  vkg Number:  304522 of 312185

The debt cannot be collected from her ex.

Did the attorney give you any feedback as to whether your daughter is likely liable for the debt? It was incurred before they separated. Did she sign for any liability for the procedure (they were still together and may have taken him in for the procedure)? Just saying the now ex-husband incurred the debt isn't enough to unconditionally make an ex-spouse not liable for the debt.

The real unanswered question is how much debt exists. The divorce agreement may have "assigned" debt to individuals, but the original lenders are not part of that agreement. If the debt is paid, all is well. When an ex-spouse declares bankruptcy, then the lenders are going to seek repayment from the other spouse. The divorce agreement is meaningless.

She should get a copy of her credit report and try to obtain a copy of his bankruptcy filing. If he wrote off any joint accounts, she may have a much larger nasty surprise.
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