I co-signed for a car for my ex-wife. I was told to pay for her to file for bankruptcy during our divorce so that her debt doesn't fall back on me. The car was awarded to her in the divorce and also apart of the bankruptcy. Now I have attorneys coming after me saying I owe the balance for the car. How is this?
Answer
Because you may have gotten bad advice. As you co-signed the loan, (and if you told your lawyers that you did cosign) your wife's bankruptcy did not protect you at all. You remained liable for the debt. The divorce judgment can not change that.
Answer
Under the law of Illinois and most states, division of marital property is
separate from debtor obligations under contracts. It appears that in your case
the family law court decided that your former wife was entitled to the car, and
that you should be responsible for the debt. It is not unusual. If you owned
nothing on the car, she still would have received it. Your attorney should
explain the court's decision to you.
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