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Do I have liability from a joint credit card going into a Chapter 7 Bankruptcy from my ex-husband?
I just found out that my ex-husband has filed for Chapter 7 bankruptcy. Since my name is still on one of his credit cards that has a large balance, I’m wondering if I have any liability issues to worry about. Also, he recently told me that he hasn’t paid on that card for many months. Do I need to do anything to protect myself?
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Answers (1)
You will definitely need to speak with a lawyer about your situation. Bear in mind that the credit card companies are not bound by all of the terms of your divorce settlement. Even if the two of you decided that your husband would pay off the credit card debt you’re referring to, if he fails to do so, the creditors can still come after you under certain circumstances. Also, some creditors state in their contracts that they maintain a security interest in all “durable goods” like household appliances, jewelry or other products, that are purchased with the card. It’s possible that if you purchased such goods, they might be repossessed if agreeable repayment terms can’t be agreed upon.
When you speak with an attorney, be ready to inquire whether it would benefit you if you and your ex-husband entered into formal mediation talks. That approach might produce an agreement (usually honored by the courts) stating that your ex-husband is solely responsible for that particular credit card debt. You would have no further liability. There are many other viable ways to approach this problem with an attorney by your side.
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Posted by Elizabeth Smith on 21 Jan 2010
3people found this useful
(6 Votes)