My wife and I are considering filing bankruptcy, but she doesn't want her ex to know about it. One possible stumbling block is that she has a credit card that her ex's name is still on as a joint account holder. When they divorced she was made responsible for the card, but his name still appears on the bill, and the issuing company told her that the only way his name could be removed is for her to pay off the debt and open a new account. Obviously that isn't an option. Is there any way to claim this dept on a bankruptcy without it coming back on him? The divorce decree clearly states that the card is her debt, but will that be binding in bankruptcy?
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He will need to be listed as a co-debtor for that account, so he will be notified. And, the divorce decree does not override the original creditor agreement, so the creditor will pursue him for the balance. She may need to list him as a creditor as well. (Otherwise, he might be able to file a civil proceeding against her for the balance that the divorce decree said she should pay, but didn't.)
The only way around that would be for that account to be paid in full, but if you're contemplating BK then of course that isn't really an option.Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision. -
Good advice Stacci............Minny
"It's amazing the paths that our feet sometimes follow in life".
My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.Comment
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