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Joint Debt - When Do They Turn to Spouse?

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    #1

    Joint Debt - When Do They Turn to Spouse?

    Now that my ch. 7 BK has been discharged, is there a date by which time a creditor can claim that my husband is co-debtor and therefore must take on the burden of the debt?

    We had two debts (one credit card, one personal loan) that were signed by both of us. I filed BK, but my husband did not. Because these two debts were listed in the BK, we stopped paying on them and crossed fingers that when discharged from me, they would not then go after my husband as co-debtor. The creditors stopped sending statements or contacting us.

    We haven't heard anything from either creditor regarding them holding my husband liable for the debt. Has anyone experienced this (spouse being held liable or not being held liable for a debt after discharge)? Does anyone know if there is a deadline by which they can hold the spouse liable?

    I would ask my lawyer, but she now charges me every time she so much as hears my name.

    Thanks,
    Anna
    Tags: None
    #2
    Just quit thinking about it. There is a chance they will wash it. I had charges charged off way before my discharge. If I didn't get the discharge they still dropped the debt. This is not guarantee. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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      #3
      The creditors would not be able to contact you and probably your husband because of the Automatic Stay. Now that you are discharged, conceivabley the creditors then could go after your husband. They are not allowed by law to contact you because of the discharge.

      I have no first-hand knowledge here, because both of us filed jointly. You might want to search for threads where one spose filed and the other didn't, and see if you find something similar situations.
      "To go bravely forward is to invite a miracle."

      "Worry is the darkroom where negatives are formed."

      Comment

        #4
        Well, here's my answer

        Not even a week after discharge, and BofA sends CC statement to my husband. Including months of late payments because we thought this would be discharged so hadn't been paying on it.

        It's already ruined his credit, which we were trying to naively avoid.

        I guess there's the answer to my question. To all other's filing singly but with joint accounts, this should be a caution of what really happens.

        ~AO

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          #5
          I just filed seperate. (we have been seperated for 4 yrs. neverending divorce) He took anything and everything that was worth anything. I know that we would have qualified for 13 if filed together.

          His past history proves I can't trust him and he would never make his portion of the payments.

          So, if they want the other half of the joint accounts, they can go after him.

          No, I'm not bitter. I have to do what I think is best for me and my son now.

          Comment

            #6
            According to my lawyer, my husband will still be liable for the one credit card that we have jointly. It won't matter that I have filed--he will be expected to assume the entire debt. He has continued to pay on this card while I prepare for bankruptcy in order to keep his credit rating good. We have tried to get my name off of the account so that it's in his name only, but they haven't agreed to do that. What he can do is to get a new card, transfer that balance, and then my name won't be on it anymore.

            He has contacted the cc company and explained to them that his wife is filing, etc. but that he will continue to pay on the carde, etc.--but they have already lowered the limit on that card, etc. As long as my name is on the account and I have the awful credit rating that I have, it will be a hassle for him.

            Fortunately that's the only joint CC we have. All the others that will be included in my petition are in my name only.

            Comment

              #7
              "So, if they want the other half of the joint accounts, they can go after him."

              Just wanted to say that according to my attorney, my husband won't be liable for half of the credit card debt that we have jointly--but for ALL of it. Evidently it's not like my half gets discharged and he still owes half--he will owe the entire balance because he is a joint account holder/signer and therefore is responsible for the entire amount even if I am successfully discharged after filing bankruptcy.

              Comment

                #8
                Originally posted by stressin View Post
                "So, if they want the other half of the joint accounts, they can go after him."

                Just wanted to say that according to my attorney, my husband won't be liable for half of the credit card debt that we have jointly--but for ALL of it. Evidently it's not like my half gets discharged and he still owes half--he will owe the entire balance because he is a joint account holder/signer and therefore is responsible for the entire amount even if I am successfully discharged after filing bankruptcy.
                you are right take a look at his credit report I bet they don't say IIB
                Chapter 7 07/30/2008
                341 09/17/2008
                Discharge 11/21/2008

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