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  1. #1
    Join Date
    May 2008
    Posts
    8

    Default Pursuing Spouse

    My question involves bankruptcy in the state of: Michigan


    My bankrupcy was discharged in August of 2005, Early this Novemeber 2008 we got a letter from one of the former creditors that they are now pursuing my spouse for the debt. It was an unsecured personal loan.

    I have my copies of my discharge from the courts but we cannot find anywhere that lists all the debts that were discharged. My understanding was they cannot come after anybody for a discharged loan. They said since my spouse was a co applicant they can sue him.

    We responded to the attorneys letter saying they should contact the attorney who handled my bankrupcy. All we have gotten was a letter saying to reslove the payment or they will initiate legal action against us.

    I might add that the bank we had the loan from was bought recently by another

    Any thoughts suggestions would be VERY helpful

    Thank you

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Pursuing Spouse

    They said since my spouse was a co applicant they can sue him.
    Unless you both filed for bankruptcy and both included that debt, yes, they can go after the co-applicant (or co-signer, as is the case with auto and student loans).

  3. #3
    Join Date
    May 2008
    Posts
    8

    Default Re: Pursuing Spouse

    Quote Quoting LawResearcherMissy
    View Post
    Unless you both filed for bankruptcy and both included that debt, yes, they can go after the co-applicant (or co-signer, as is the case with auto and student loans).
    Thank you for the quick answer, Im a bit confused as to how the debt can be discharged in my bankrupcy, but my spouse can be sued for it. Seems like the bank is double dipping. Since they had to agree with the original sign off, if I understand this correctly.

  4. #4
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Pursuing Spouse

    They could not come after your spouse only if he had not been a co-applicant or if he had also filed for bankruptcy & discharged the debt. (This is true even though you live in a non-community property state.)

  5. #5
    Join Date
    May 2008
    Posts
    8

    Default Re: Pursuing Spouse

    Betty

    I want to understand this, I discharged 3 debts during my bankrupcy, my spouse was a joint/co applicant on all of them.

    Why did I waste my time/money to declare bankrupcy if all the creditors get another bite at the apple AFTER they discharged the debts?

    I understand if the credit crad companies wouldnt sign off on this we would have had to go to court, which we didnt.

    If I read this correctly all 3 of these companies can come after my spouse for their money 3 years after the fact?

  6. #6
    Join Date
    Dec 2008
    Posts
    5

    Default Re: Pursuing Spouse

    As far as I know, if a bankruptcy was filed by you and discharged you are off the hook.
    If a spouse has co-signed for a loan with you, but does not file for bankruptcy along with you, the creditors can pursue your spouse for the loan.
    Speak to your lawyer and get a better understanding of the situation before continuing.

  7. #7
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Pursuing Spouse

    The above poster is correct.

  8. #8
    Join Date
    May 2008
    Posts
    8

    Angry Re: Pursuing Spouse

    Allright just so I have this straight.

    1. I filed bankruptcy on 3 debts that my husband was a joint applicant on.

    2. The 3 crediters signed off on the bankrupcy and it was dischared in bankruptcy court.

    3. We paid the atorney over $1400.00 to get all these debts discharged.

    4. Now my husband may have to hire another attorney to take care of the debts from one of these banks that wants there money 3 years after the fact.

    Im very sorry but I can see how the world gets a very tainted view of lawyers. We paid a professional bankruptcy attorney in good faith to have these debts discharged and now were basically being told well not exactly.

  9. #9
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Pursuing Spouse

    Let me see if I can explain it to you so that you can understand it better.

    You and your husband took out credit. However you want to look at it...legally it's a50/50 thing.

    The bankruptcy that YOU filed was not a joint bankruptcy, it was an individual bankruptcy. Your portion of the debt was discharged. His portion was not. Although 2 of the 3 creditors decided NOT to pursue his portion of the debt, 1 did. YOU were the only one protected according to the bankruptcy laws. ANY joint holder of any account can be sought after bc THEIR debt was not discharged in bankruptcy..only yours.

    With the way things are going in the banking world, don't be surprised if the other remaining creditors pop up out of nowhere to try and collect against your husband.
    It would be a good investment at this point to retain an attorney for advice. Get more than one opinion.

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