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Sole Bankruptcy and Joint Credit Card Debt

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  • 05-15-2018, 12:41 PM
    lawfacts
    Sole Bankruptcy and Joint Credit Card Debt
    A couple was being sued over a joint credit card debt. They intend to both file for bankruptcy. A few days before trial the wife filed a Chapter 7 case. The husband has not yet filed.

    The credit card company dismissed its lawsuit rather than proceeding against only the husband. Can they file another lawsuit against the husband or is that debt now gone?
  • 05-16-2018, 06:14 AM
    Mr. Knowitall
    Re: Bankruptcy and Joint Credit Card Debt
    If the lawsuit was dismissed with prejudice, no new lawsuit can be filed.

    if the lawsuit was dismissed without prejudice, the creditor may file another lawsuit within the statute of limitations or potentially petition to re-open the previously filed lawsuit.

    You would have to check the order of dismissal to determine if the dismissal was with or without prejudice.
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