If I file for bankruptcy, do I also have to discharge my credit card accounts that are in good standing and have been for many years?

I will be sued by my divorce attorney because my ex who was ordered to pay attorneys fees filed bankruptcy. I have only fair credit, trying to recover from several post divorce issues including irregular support payments. I cannot pay the $250 a month that she is demanding.

Asked on July 28, 2014 under Bankruptcy Law, Arizona

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you file for bankruptcy, you can state your intention to reaffirm debts that you want to continue paying in the bankruptcy documents.  If your intention is to continue paying credit card debts, you can list those creditors whose debts you intend to reaffirm.

If your ex-wife has obtained a court judgment which orders you to pay $250 per month, you won't be able to discharge that in bankruptcy.  Instead of filing bankruptcy, you can file a modification of spousal support.  Changed circumstances such as a change in your financial situation would be grounds for seeking a modification of spousal support.

If the attorney sues you for the fees, you can discharge that debt by filing bankruptcy.


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