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divorce and bankruptcy

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M

md5363

Junior Member
What is the name of your state? Az

My wife and I divorced in Aug, 2007 - she filed for bankruptcy in Nov, 2007 and it was discharged in March. When we divorced, our debts were split equitably. One joint credit account that was my responsibility is now coming after me for their attorney fees from protecting the account from the bankruptcy, even though I've paid on it all along. Can I recover any of the money they will sue me for in family courts as a reallocation of debts? Why should I have to pay for this? As it is, she's off scott free while I am still paying my half. Please help.
 


LdiJ

LdiJ

Senior Member
md5363 said:
What is the name of your state? Az

My wife and I divorced in Aug, 2007 - she filed for bankruptcy in Nov, 2007 and it was discharged in March. When we divorced, our debts were split equitably. One joint credit account that was my responsibility is now coming after me for their attorney fees from protecting the account from the bankruptcy, even though I've paid on it all along. Can I recover any of the money they will sue me for in family courts as a reallocation of debts? Why should I have to pay for this? As it is, she's off scott free while I am still paying my half. Please help.
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That's an interesting situation. You do realize that if your name was on any of the debts that she was responsible for, the creditors will go after you for the debt? The creditors are not a party to your divorce, and they are only bound by the divorce decree.

As far as the creditor going after you for the legal fees, you either need to respond to the lawsuit, (if one has been filed) or respond to the letter, by stating that you were divorced from her in August of 2007. That you were not a party to her bankruptcy, and that you have been paying the bill all along.
 
Ohiogal

Ohiogal

Queen Bee
LdiJ said:
That's an interesting situation. You do realize that if your name was on any of the debts that she was responsible for, the creditors will go after you for the debt? The creditors are not a party to your divorce, and they are only bound by the divorce decree.

As far as the creditor going after you for the legal fees, you either need to respond to the lawsuit, (if one has been filed) or respond to the letter, by stating that you were divorced from her in August of 2007. That you were not a party to her bankruptcy, and that you have been paying the bill all along.
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Slight collection, they are NOT bound by the divorce decree. The only ones bound by that are the parties.
 
M

md5363

Junior Member
thanks

Thanks to those who responded.....

Update: I called Discover and after explaining the situation, they took the attorney's fees off the charge, so it is paid off again. Yes, I knew I was responsible for the original debt but apparently (and they agreed) I am NOT responsible for their legal fees in pursuing her through her bankruptcy. I was only responsible for the charges, which I had already paid off 2 weeks ago. So, one night without much sleep.....but, its resolved. Hopefully this helps someone else who might land in a similar situation!
 
Ohiogal

Ohiogal

Queen Bee
LdiJ said:
That is actually what I meant...my fingers obviously weren't keeping up with my brain.:eek:
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That is what I figured but I wanted to make sure the OP didn't misunderstand because he doesn't know you like we know you and we know that you know that. okay too many knows. :eek:
 
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