Can my ex-husband be held liable for credit card debt ifI file bankruptcy in a community property state?

I just finalized a divorce a few months ago. In my divorce, the judge said that I was solely liable and needed to hold harmless my ex-husband from 2 credit cards. Both of these credit cards were in my name only. I am now filing for bankruptcy and including these 2 accounts. Do these creditors have any recourse against my ex-husband since some of the purchases were made during the marriage? If so, how long do they have to attempt to collect money from him? Last, what does this mean for me if they pursue him down the road since I would have filed bankruptcy?

Asked on March 8, 2011 under Bankruptcy Law, Arizona

Answers:

Mark J. Markus / Mark J. Markus, Law Offices of

Answered 9 years ago | Contributor

This is a tricky question, but technically yes the creditors can still sue your ex-husband since the debts were incurred during the marriage.  However, this is very unlikely if his name wasn't on the cards since they really wouldn't even know he exists.

That having been said, it is important that you list your ex-husband as a creditor in your bankruptcy case for debts that you were supposed to hold him harmless for.    This will not be dischargeable if you file a Chapter 7 case, but may be if you file a Chapter 13. 

 

Mark J. Markus, Attorney at Law

Handling exclusively bankruptcy law cases in California since 1991.

http://www.bklaw.com/

Mark J. Markus / Mark J. Markus, Law Offices of

Answered 9 years ago | Contributor

This is a tricky question, but technically yes the creditors can still sue your ex-husband since the debts were incurred during the marriage.  However, this is very unlikely if his name wasn't on the cards since they really wouldn't even know he exists.

That having been said, it is important that you list your ex-husband as a creditor in your bankruptcy case for debts that you were supposed to hold him harmless for.    This will not be dischargeable if you file a Chapter 7 case, but may be if you file a Chapter 13. 

 

Mark J. Markus, Attorney at Law

Handling exclusively bankruptcy law cases in California since 1991.

http://www.bklaw.com/


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