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  1. #1
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Ex About To Declare Bankruptcy.....

    All may not be lost if it's outlined in your divorce settlement. And it's possible that they should have removed your name if it was requested in writing. They may have asked for a copy of the divorce. Have you called the CC company to ask why they will not remove your name?
    IMO, you should first consult a local attorney to see if you can get a suit filed on him and possible a judgement PRIOR to his filing for BK. If you get a judgement, he won't be protected from the debt but your fighting against time and it will be difficult. If its part of the divorce then you can get a judgement quicker and he maybe held in contempt.
    If he lives far away from you then you may want your local attorney to consult or hire a local attorney where he lives. Either way, you need an attorney and quickly. Best of luck to you and let us know how it works out for you.

  2. #2
    Join Date
    Feb 2008
    Location
    Austin, TX
    Posts
    48

    Default Re: Ex About To Declare Bankruptcy.....

    Quote Quoting gigirle
    View Post
    All may not be lost if it's outlined in your divorce settlement. And it's possible that they should have removed your name if it was requested in writing. They may have asked for a copy of the divorce. Have you called the CC company to ask why they will not remove your name?
    IMO, you should first consult a local attorney to see if you can get a suit filed on him and possible a judgement PRIOR to his filing for BK. If you get a judgement, he won't be protected from the debt but your fighting against time and it will be difficult. If its part of the divorce then you can get a judgement quicker and he maybe held in contempt.
    If he lives far away from you then you may want your local attorney to consult or hire a local attorney where he lives. Either way, you need an attorney and quickly. Best of luck to you and let us know how it works out for you.

    Thanks. I'm interviewing attorneys up where he lives. He's about 4 hours north of where I live. The cc companies won't release me because my credit score is light years better than his is. I can already sue him for breach of contract because of a couple other issues in our divorce decree that he's not living up to. My concern is that if I get a judgement against him, and I don't see why I won't since he'd be hard pressed to say that our decree is unfair since he wrote it himself and took it to court all alone, that the judgement would be wiped out if he made it part of his bankruptcy. I guess I'll just have to see what the attorney's up that way have to say about it.

    Thanks so much! Happy Easter!

  3. #3

    Default Re: Ex About To Declare Bankruptcy.....

    Quote Quoting texone
    View Post
    Thanks. I'm interviewing attorneys up where he lives. He's about 4 hours north of where I live. The cc companies won't release me because my credit score is light years better than his is. I can already sue him for breach of contract because of a couple other issues in our divorce decree that he's not living up to. My concern is that if I get a judgement against him, and I don't see why I won't since he'd be hard pressed to say that our decree is unfair since he wrote it himself and took it to court all alone, that the judgement would be wiped out if he made it part of his bankruptcy. I guess I'll just have to see what the attorney's up that way have to say about it.

    Thanks so much! Happy Easter!
    Sorry to rain on the parade, but even if the divorce decree says he's supposed to pay, the creditors will go after whoever has legally signed the paperwork. You will end up being responsible for whatever he did not pay if the bankruptcy resolves him of this debt.

    I recently divorced a man that made my life a living hell and destroyed my credit, and I am filing BK. The debts we were joint on will become his responsibility after the fact because creditors don't care about divorce decrees, they only care about who they can go after to pay the debt. Legally you will be held responsible and so will my ex unless he files for BK as well.

    I hope it works out for you.

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