Can This Happen?

[JamesW1]

I had to file bankruptcy due to a divorce. I became responsible for every account we had.

One of the cc accounts had both are names on it. I was discharged of that debt and now they are coming after her for the money.

I received a call from her saying she is going to sue me if I do not pay it off.

Would she be able to sue me and win even though I am discharged of that debt?

[bcvw]

A similar thing happened to me back in '93. Our decree said I would cover any "marital debts."

I filed CH7 after the divorce and the creditors went after her. She went to a lawyer in an attempt to sue me and he told her I was judgment proof. She was not happy with me.

She ended up filing herself a year later.

[woeisme]

depends on what the divorce decree says, did you agree to take responsibility for the debt?

[woeisme]

[bcvw]

I didn't say he was judgment proof. I only said what MY experience was. I didn't give him any advice nor direction.

Plus, this was 15 years ago. Perhaps the code has changed?

[JamesW1]

Yes, I became responsible for repaying the acount.

[bcvw]

Then it would be best to do as Woeisme said and consult your attorney.

In the meantime, try not to worry.

[woeisme]

That's true, you didn't say he was judgement proof bcvw, I should have directed my comments at the OP rather than you. sorry!

But it does seem like the code says it could work both ways. The OP might have that debt discharged free and clear (if paying the debt would be a great hardship to him or be a much greater benefit to him than hardship to the ex) or it might be nondischargeable if he doesn't meet these criteria.

So I guess the answer to this question is maybe. She might be able to win if she sued, but then again, the OP might win. would really depend on both of your current financial circumstances I think.

[JamesW1]

Just contacted my BK Attorney. They said what bcvw had wrote. I was discharged from the debt, she can try to sue but she would not win.

Now I'm more confused.

[bcvw]

Then I say let her try.

Sit back and wait for her next move.

[cupcake]

Here's what I understand: if it was a joint account both parties are responsible for repayment, regardless of what the divorce judgment says because a divorce judgment cannot change the liability of the parties. A divorce judgment can state that one person is responsible for making the payments on that joint account but it doesn't change the fact that both parties are liable in the eyes of the creditor. If JamesW1 hadn't filed BK and decided that he just wasn't going to make the payments anymore then his ex-wife could have sued him but because he was discharged from the debt in his BK she becomes the person responsible for the debt and she cannot go after him for it.