Ex is filing, am I responsible for his debt?

Arizona

I was divorced in 2004. Before the divorce, we refinanced the house and paid off many of my ex's debts (I kept the house, so that was his buy-out). In the divorce decree, we both agreed to pay what was in our own names.

Now, two years later, he has filed Chapter 7. My name was not on his cards, nor was my SS# used to obtain the credit. However, he did obtain the cards during our marriage.

Can they come after me, even though I didn't spend a dime of the $$? I can't believe this loser is still affecting my life. I am a mess over this.

Any advice welcome - I won't be able to talk to an attorney until Monday, and I need to do research this weekend.

Thank you.What is the name of your state?

Can they come after me, even though I didn't spend a dime of the $$?

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Unfortunately, AZ is a community property state. Any debts incurred during the marriage, regardless of who's name was on the account, are the liability of BOTH partners. They may come after you and I'm afraid you'll be stuck.

Anything he incurred after your divorce would NOT be your problem. Any divisions of debt that came about in the divorce decree mean squat either. Creditors are not bound by your divorce.

artfuldachshund said:

Can they come after me, even though I didn't spend a dime of the $$? I can't believe this loser is still affecting my life. I am a mess over this.

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They can, and WILL, try to come after you with all kind of claims of your liability. And since Arizona IS a community property state, you are liable for any credit obligations that were created DURING your marriage, no matter whether your name is on the application or not.
Of course, you can then file a motion with the court to ask that you be reimbursed for any expenses (damages) you incur that are in violation of the courts order.

RE: Ex is filing...

How can I be responsible if my credit information wasn't used to obtain the cards? They don't have my SS# or even my name? How will they find out? I have read info in other forums that state because it was NOT a join application, I am not liable. Now I'm confused. Can I file a dispute and argue that the debts are not dischargeable if I attend the meeting of Creditors?

artfuldachshund said:

How can I be responsible if my credit information wasn't used to obtain the cards? They don't have my SS# or even my name? How will they find out?

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As stated twice before, AZ is a COMMUNITY PROPERTY state... That means ANY DEBTS obtained by EITHER of you is considered JOINT DEBT... That means if EITHER of you gain ANY DEBT, the spouse is equally responsible for the debt REGARDLESS of signature, SS#, etc.

artfuldachshund said:

I have read info in other forums that state because it was NOT a join application, I am not liable.

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They were wrong, and shouldn't be spouting wrong information... Soem states are NOT community property states, but unfortunately for you, AZ is... Just curious, what forum?

artfuldachshund said:

Now I'm confused. Can I file a dispute and argue that the debts are not dischargeable if I attend the meeting of Creditors?

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You can file if you want, but as mentioned time and again, AZ is a COMMUNITY PROPERTY state, and they WILL get the debt from YOU now that your husband filed BK... I'm assuming he filed a 13?

I guess your question is ' how will they find out ?' The answer is that there are hundreds of databases out there that contain all kinds of personal information, so finding YOU as an ex spouse is not a reach for the determined creditor and/or debt collector.

It may not be immediate, but they will eventually come after you. You can always attempt to dispute the debt with whoever contacts you, that is your right. You can object at his 341 meeting, but unless there is spousal support money involved, you aren't going to win.

RE: Spouse is filing Chapter 7, am I responsible for his debt?

No, he's filing Chapter 7. It looks like I can file an adversary proceeding. Does anyone know any info about that?

artfuldachshund said:

No, he's filing Chapter 7. It looks like I can file an adversary proceeding. Does anyone know any info about that?

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Yep, you can file an 'adversary motion' under bankruptcy rule 7001. After all, anyone can. However, it doesn't appear (based on your post) that you have a chance of success, since you are NOT a creditor or debtor of the petitioner.

"An adversary proceeding is governed by the rules of this Part VII. It is a proceeding (1) to recover money or property, except a proceeding to compel the debtor to deliver property to the trustee, or a proceeding under Sec. 554(b) or Sec. 725 of the Code, Rule 2017, or Rule 6002, (2) to determine the validity, priority, or extent of a lien or other interest in property, other than a proceeding under Rule 4003(d), (3) to obtain approval pursuant to Sec. 363(h) for the sale of both the interest of the estate and of a co-owner in property, (4) to object to or revoke a discharge, (5) to revoke an order of confirmation of a chapter 11, chapter 12, or chapter 13 plan, (6) to determine the dischargeability of a debt, (7) to obtain an injunction or other equitable relief, (8) to subordinate any allowed claim or interest, except when subordination is provided in a chapter 9, 11, 12, or 13 plan, (9) to obtain a declaratory judgment relating to any of the foregoing, or (10) to determine a claim or cause of action removed pursuant to 28 U.S.C. Sec. 1452."
http://www.law.cornell.edu/rules/frbp/rules.htm#Rule7001

RE: Ex is filing Chapter 7, am I responsible...

One more thing - I think in several cases he opened up new card accounts and transferred balances from old cards. Here is the question: I went to PACER and got a copy of his bankruptcy application. There are dates on the tops of the unsecured debt records - I think those dates are the dates the accounts were opened. If those dates are after our divorce date, I am not responsible, correct? Even if the balances he transferred to those cards were from previous years, they are new accounts. If that is the case, I am in a little better shape.

artfuldachshund said:

If those dates are after our divorce date, I am not responsible, correct?

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Nice try.... but no. As long as the DEBT was incurred during marriage, it is a COMMUNAL debt.

RE: Ex filing Chapter 7, am I responsible...

How is that possible? If he opened up a NEW account AFTER the divorce, how can they come after me? If he did a balance transfer and closed the old account, why would I still be responsible?

Since the very accurate and detailed post answering I made was not appreciated, I deleted it.

Jetx,

Just had to say that last post was a very insightful analysis of the OP's situation .
Maybe Matt and Vegaslooser will understand why we keep ya around!

bigun said:

Jetx,

Just had to say that last post was a very insightful analysis of the OP's situation .
Maybe Matt and Vegaslooser will understand why we keep ya around!

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We like him because he has BIG BOOTS

BelizeBreeze said:

We like him because he has BIG BOOTS

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Gee, that is just what my girlfriend, Nancy Sinatra, use to say!!!