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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 03-11-2002, 03:39 PM
louise8566
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Question

Chapter 7 bankruptcy


i recieved a discharge from a chapter 7 bankruptcy a year ago. my ex-husband is now harassing me to pay off one of the credit cards that was included in the bankruptcy proceedings. he was notified prior to and during the time i filed so that he could contest anything that was included. he did not. now one of the creditors is going after him because the account was originally a joint account. after our divorce, i had his name taken off all of the credit cards that he left me to pay. i know that there is some sort of law that prevents him from harrassing me about a debt that was already discharged but i can't find any info. can you help?
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Old 03-11-2002, 08:08 PM
gottago
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Well, since he wasn't a creditor in your bankruptcy (at least as far as this cerdit card debt is concerned), the automatic stay doesn't apply to him. In other words, the bankruptcy court's order can't stop him from annoying you, since you didn't really owe him the money... you owed it to the credit card. If the credit card issuer was contacting you, you could sue them.

His fight is with the credit card issuer, not you. You need to explain that to him. Tell him that your obligation to repay the debt was eliminated when your bankruptcy was discharged.

SInce his name was taken off the card prior to your bankruptcy filing, he may be able to get out of it by showing proof he had no liability related to the debt.
  #3  
Old 03-12-2002, 09:03 AM
louise8566
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Thanks for the help. I have tried to explain to him that the debt was wiped out in the bankruptcy, but he just doesn't get it. He sent a letter to my divorce lawyer saying that he was going to stop paying child support and drop the kids' insurance if I didn't "repair his credit and pay the credit card bill that came back on him." All I can say is that he's a real piece of work. This from a man who makes well over $100k a year.
  #4  
Old 03-12-2002, 10:29 AM
gottago
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If he stops paying child support, take whatever legal action the law allows. If he sues you, or uses the credit card issue as a reason for not paying child support, show the court your bankruptcy discharge and creditor matrix.

I would LOVE to see the look on the face of the judge when your ex explains that he's not paying child support because of an old credit card bill....
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