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If you have unsecured debt of under $10,000 and live in the Province of Ontario filing bankruptcy may not be the best option for you. We suggest you contact the Office of the Superintendent of Bankruptcy at 416-973-6441 to discuss your options, or you can visit their website here.

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Divorce Decree and Bankruptcy

My common-law boyfriend and I have recently filed for bankruptcy. He is now divorced from his ex-wife, and in the decree it states that he is responsible for the marital debts. It uses the terms indemenify and save harmless. I realize that the creditors will be coming for her to pay the bills. What I’m wondering is if she can inturn come back on him to pay it either by going to court with breech of contract or something, or go to family court and ask for spousal support.

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One Response to “Divorce Decree and Bankruptcy”

Barton Goth, GCO Inc. Bankruptcy Trustees said...

While the bankruptcy will definitely result in your common-law being cleared from the debts in question I don’t know whether or not there will be any fall out as a result of the divorce, or even what the fall out would be. As divorce is not my area of practice, you would be better to contact a divorce attorney as they would be more likely to be able to answer this question.