Sinha v. Sinha, No. 89173, 2001NY.0005490 (N.Y. App. Div. July 12, 2001). The wife claimed that the husband's claim for equitable distribution of marital property was barred by her discharge in bankruptcy, while the husband asserted that his claim remained viable against certain property that had been declared exempt property in the bankruptcy proceeding. In this case, after the commencement of the divorce action but before the divorce was final, the wife filed for bankruptcy under Chapter 7 of the Bankruptcy Code and listed the husband as a creditor.
Bogdan v. Bogdan, ___ A.D.2d ___, 688 N.Y.S.2d 255 (1999).
The parties should be required to share equally the marital debt.
Fiedler v. Fiedler, ___ A.D.2d ___, 646 N.Y.S.2d 839 (1996).
The trial court's decision to make the husband solely responsible for tax liabilities incurred through his investments in questionable tax shelters would not be disturbed.
To learn more about debts in divorce, consult our explanation here.
