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    #1

    Ex Spouse Question

    Hello. My first post here. Glad I found this forum lots of good info and support here..... I retained my attorney today and am headed towards chap 7 filing. Have to wait about 2 months now to get the 90 days clear. about 40K unsecured (c/c) debt. Spread out on about 6 accounts. These cards were all in my name.
    Anyways..... My question is, will they go after my ex spouse?
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    #2
    Originally posted by BDG View Post
    Hello. My first post here. Glad I found this forum lots of good info and support here..... I retained my attorney today and am headed towards chap 7 filing. Have to wait about 2 months now to get the 90 days clear. about 40K unsecured (c/c) debt. Spread out on about 6 accounts. These cards were all in my name.
    Anyways..... My question is, will they go after my ex spouse?
    If you still have joint accounts they are fall on your ex to pay but if your divorce said you were to pay your ex can come after you for them
    Chapter 7 07/30/2008
    341 09/17/2008
    Discharge 11/21/2008

    Comment

      #3
      1 small......

      Only 1 small account (like $300) that was joint. I am gonna pay this one off before file date. The rest are C/C accounts in my name alone... those are the accounts that I am concerned that they might go after her for....although I dont really see as to how they could...... could they???

      Comment

        #4
        As TEW said, unless the accounts are joint, they shouldn't go after your ex.
        Bk #1 (DP) Filed Ch 7 Pro Se on Feb 28, 2013 ~ 341 on Apr 19, 2013 ~ Discharged on Jun 13, 2013
        Bk #2 (Self) Filed Ch 7 Pro Se on May 5, 2013 ~ 341 on Jun 14, 2013

        Comment

          #5
          Originally posted by BDG View Post
          Only 1 small account (like $300) that was joint. I am gonna pay this one off before file date. The rest are C/C accounts in my name alone... those are the accounts that I am concerned that they might go after her for....although I dont really see as to how they could...... could they???
          If you pay that small joint card off it might be considered a preferential payment. To avoid any hassels like that give your ex the money to pay it off. The ones in your name only are only yours. Unless you live in a community property state no one will go after your ex.

          Comment

            #6
            Originally posted by magyar123 View Post
            If you pay that small joint card off it might be considered a preferential payment. To avoid any hassels like that give your ex the money to pay it off. The ones in your name only are only yours. Unless you live in a community property state no one will go after your ex.
            No that is if it is over $600 with in 90 days of filing
            Chapter 7 07/30/2008
            341 09/17/2008
            Discharge 11/21/2008

            Comment

              #7
              That is..

              what the attorney told me today. Do not go over $600.
              I am in WI and I do think it is a community property state.......so I am hoping this dont bite me. Actually at the moment I am hoping that I get a decent night of sleep for a change.....

              Comment

                #8
                Well upon further review............uggggggg. My attorney did alude to this, and after further digging on my own, I am almost certain that I am going to have to change from a chap 7 to chap 13 filing. In the long run it will save me alot of grief and bad will. Also alot of legal crap where I might end up in worse shape than I am now....... In the short term, I am gonna have about 3 to 5 yrs of living on a shoe string it looks like........

                Quotes I have dug up about this subject...... sorry I did not note sources......

                "Particularly in community property states, the bond between spouses can linger for years after a divorce. Both ex-spouses can be held responsible for debt incurred during the marriage. If one ex files a petition for bankruptcy and discharges the joint credit cards, the credit card companies can come after the other. This could shift the debt from the one filing for bankruptcy protection to the ex who is not (at least not yet)."

                "Know your state’s community and separate property laws
                Each state has different laws about debt and divorce. If you live in a community property state, any debt you or your spouse incurred during the marriage, regardless of who racked it up, is a marital debt – meaning the creditor can hold both of you liable for repayment.......
                If your former spouse does discharge joint debts in bankruptcy, you may be held responsible for the entire payment, though sometimes bankruptcy court will discharge or release the spouse from paying those debts."

                "Consumers living in community property states face additional problems. In
                those states, both parties in a marriage are jointly liable for any debts that were
                incurred during that marriage whether those debts were acquired individually or
                together. That means that if a former spouse, as part of a divorce agreement,
                promises to pay off all debt from a marriage and fails to live up to that
                agreement, creditors have the legal right to expect payment from the other party
                in the now dissolved marriage."

                Comment

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