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  #1  
Old 09-07-2002, 07:33 PM
Pauletta
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Unhappy

debts included in another's case


What is the name of your state? CA

How can my debts be included in another person's bankrupcty filing?
  #2  
Old 09-07-2002, 09:02 PM
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In your case, 2 ways. First of all, any joint accounts will be included as well as any loans cosigned. and secondly, Ca. is a community property state.
  #3  
Old 09-07-2002, 09:51 PM
Pauletta
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sole debt included in anothers bankrupcty


My debt was not a joint account. It was a sole account in my name only. My ex-husband filed and the bill was made his responsibility in the divorce. So due to CA being a community property state, he can add my sole debt into his bankrupcty case?
  #4  
Old 09-07-2002, 10:15 PM
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OK, a 3rd way. It looks like he is listing you as a unsecured creditor. About all you can do is go to the 341 meeting of creditors with the divorce decree and hope the trustee will not allow him to discharge the debt.
To salvage your credit rating, and keep you out of collections, you need to start paying if at all possible.
  #5  
Old 09-07-2002, 10:19 PM
Pauletta
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All of this is now finalized. I found out through a background investigation. I was totally unaware. I just found out that this was closed out in early 98.
Now what can I do to correct my credit report, since I have not filed, but it is now on my credit report.
  #6  
Old 09-07-2002, 10:27 PM
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Pauletta,

Here's your problem. The creditor has no responsibilty for a property division in a divorce. All they know is, this is your acount and, it is in default and in collections. This is your responsibility. Hopefully, the SOL has run out and you can't be forced to pay but, getting it off your credit report is going to be next to impossible.

According to [url]www.creditinforcenter.com[/url] the SOL in Ca. is from 2 to 4 years depending on what sort of account the debt falls under. Wait until 2003 and write the CRA's and ask for verification of the debt. See if the orginal creditor verifies. If not, they'll take it off your report. Again, a longshot.
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