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  1. #1
    Join Date
    Feb 2008
    Location
    Austin, TX
    Posts
    48

    Default Ex About To Declare Bankruptcy

    My ex husband is saying that he's about to declare bankruptcy. Don't know which type but I figure it's immaterial to my question at this point. I committed the apparently unforgivable sin of signing 2 credit card applications many years ago, nearly 20 in both cases, while we were still married. Neither cc company will release me from obligation despite the fact that he has asked them to do so a couple times in the last 2 years. The debt, between both cards, totals about $41K. What effect, if any, will his bankruptcy have on me with regards to that debt since the cc companies refuse to release me? I doubt that it makes a huge difference but, we both live in Texas.

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

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

    If what your saying is that you hold 2 joint cards with your ex husband and he's filing bankruptcy then I'm afraid to tell you that you are going to be stuck with this bill. The reason they didn't release you is so they had some way to get their money. I would advise that you get your own attorney to see what you can do to protect yourself. The cc company will release his obligation of the debt and then go after you.
    Also, was there a ruling in the divorce decree that required him to remove you and seperate the accounts?

  3. #3
    Join Date
    Feb 2008
    Location
    Austin, TX
    Posts
    48

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

    Quote Quoting gigirle
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    If what your saying is that you hold 2 joint cards with your ex husband and he's filing bankruptcy then I'm afraid to tell you that you are going to be stuck with this bill. The reason they didn't release you is so they had some way to get their money. I would advise that you get your own attorney to see what you can do to protect yourself. The cc company will release his obligation of the debt and then go after you.
    Also, was there a ruling in the divorce decree that required him to remove you and seperate the accounts?

    Thanks for the response. I figured I was going to be held responsible for his debt. I didn't realize that his requesting my removal from the accounts in writing over 2 years ago wasn't enough. Now that he's defaulting on everything I'm seeing that clearly. I've already contacted an attorney to see what, if anything, I can do to prevent such acute damage to me. My credit is still in the mid 700's but will drop off quickly because of my ex. Honestly, I though that after being divorced for nearly 3 years I was done with him.

    Now that I'm thinking about it though, I wonder if I should find an attorney near where he lives as opposed to my town since he's the one gearing up for the bankruptcy? Hmmmm.......

  4. #4
    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.

  5. #5
    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!

  6. #6

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

    Quote Quoting texone
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    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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