I am considering bankrupcy but don't want to!

What is the name of your state? Florida
Due to a divorce three months ago I have responsibility of the majority of the marrital debt. I have 3 credit cards, one of which I opened after the divorce which has a small balance that I will be able to pay off on my own. The other two are from the marriage, one being in my name only and the other in both our names. As per the divorce papers I am responsible for these 2 card balances but I am unable to continue paying on them. My question is if I file for bankrupcy will they go after my exhusband for the card that is a joint account? Also, I receive 35% of his navy retirement every month and it is directly deposited into my checking count. If I file for bankrupcy will this be taken from me? Any help will be greatly appreciated. I would rather not file, and I just started a program with a credit counseling company, but I don't think I will be able to manage financially even in this program.

[Ladynred]

Whatever you do, keep a SHARP eye on what the CCCS company is doing. You want to know exactly where your money is going, how much (so the payments are enough to at least cover the minimums), WHEN (so payments are not late), and you need to make sure you get regular statements showing the details. So many people are driven into bankruptcy anyway because so many CCCS firms are scams.

Are all your creditors willing to participate with CCCS ? They do not have to, so make sure you know who has accepted and who has not. You also need to know whether or not CCCS is able to get your interest rates down and fees waived so that what you pay in actually goes to paying down the balance. Otherwise you're just treading water, or even drowning !

If you file on the joint account, YES, creditors will go after your EX. Creditors don't give a fig about divorce decrees and do not have to abide by them.

Make sure you list your Ex as a creditor to prevent any attempts by him to come back after you for anything.

Your 35% of his retirement is part of your income. It won't be taken from you but you do have to report it on your papers as income.

Thank you so much for your reply, I wasn't expecting one so quickly! As soon as I finish writing this, I will be getting on the phone to the CCCS to ask the questions that you posted for me. I have been VERY concerned about every point you made. Is there ANY WAY I can prevent the credit card company from going after my ex? As much as he deserves it, I'm not the type of person to put that on somebody. I am unsure what you mean about listing him as a creditor, but rest assured I will talk to the lawyer about it as soon as I get up the courage to file. Thanks again, it's a such a relief to know this forum is available.

[Ladynred]

Unfortunately, there's no way to prevent the CC company from going after your Ex for a debt you have discharged in BK. His name is on the account.. they're going to go after him for it.

You can TRY writing them a letter, with your EX also signing it, requesting that his name be removed from the account, but don't hold your breath for them to do it. I would certainly try that before you file for BK. Send the letter, Certified, RRR so you can verify that they got it and keep copies of everything for a long time !

Adding your Ex as a 'creditor' will prevent him from EVER coming after you for any money he thinks you might owe him - like that joint account. Legally he could not prevail, that doesn't mean he can't try. Federal trumps State in this case, so hauling you to Divorce court to make you pay on a debt assigned to you in a divorce decree won't work. Ask a lawyer if you decide to go the BK route.