ex wife and cc bills... dorenephilpot!!! once again...

[nailtech]

ex wife and cc bills... dorenephilpot!!! or anyone...

ok another question on the BK we filed.......

To anyone who has the answer...

husband got the credit cards in HIS divorce, we filed bk, had our creditors meeting, waiting for discharge papers,..... we sent his ex wife a creditors letter like the rest of the creditors,. so far she has not contested..... the CC companies are now calling her, she is telling them to call my husband at work(which they are and are not suppose to) they are telling him his ex is saying the bills are his in the decree, he in turn told them they were but we filed, they were notified, and there telling him its his responsability..... which we know federal overrides state courts, so the bills are now hers again......
question is, since we sent her a "letter to creditors" can she still come back and Sue us for my husband not paying the credit card bills that are being discharged in BK??... if she did not show up and protest and as not contested so far,... do the papers that we sent her, keep her from sueing us over the credit card bills?? or are we still subject to being sued from her??

 

[nailtech]

does anyone have any Idea??

 

[Ladynred]

I'm confused... wow....

Is your husband's ex-wife's name still on the accounts that he took in the divorce ?? If not, why would they be calling HER to collect ?
If her name is no longer on the accounts, and he as filed for bankruptcy, then the creditors shouldn't be calling the ex-wife ??

Did you husband owe some other money to his ex that you included her as a creditor ???

 

[nailtech]

all the credit cards were Joint (my husband and his ex),.... we filed and now they are calling her to collect..... we included her in our BK because she was a joint debtor with my husband... my question is,... can she still sue us since we included her in our filing and she did not contest the BK... nothing else was owed to her on his part,... just joint debts; (the house and the c cards)...

she's telling the cc companies. to call him, he's telling them to quit calling us...

I hope that Clarifies it better..... sorry for the confusion...

 

[Ladynred]

Oh... no problem, it sure sounds like a wicked merry-go-round ride though

Well.. based on all I've read recently, I'd say that since you included her as a creditor, and it gets discharged, there isn't a darn thing she can do. I'm sure one of the Sr. Members can say for sure. What does your lawyer say about this ?? The attorney should be calling the creditors and stopping their calls.

If these creditors have been notified of your bankruptcy, then they're not supposed to be calling your husband at all, even if his ex is directing them too. I'm thinking he needs to tell his ex to stop telling them to call him. Unless I miss my guess, since she was listed as a creditor, she can't call him an harrass him either.

This is a bit convoluted, to say the least. I would guess that she may very well end up having to pay the debts. Your husband probably should have taken her off the accounts after he took the cards in the divorce.

 

[nailtech]

This is a bit convoluted, to say the least. I would guess that she may very well end up having to pay the debts. Your husband probably should have taken her off the accounts after he took the cards in the divorce.

well some of the cards he could not take her name off of,.... they were her's, she added his name while the divorce was pending... he couldn't even call and inquire about the account because it was not his account, but he got stuck with them all, she maxed them out first though and was trying to hold him in contempt for trying to put a hold on the cards... in my opinion, she needs to have them back... I was just wondering if she could come back and try and sue us for not holding up to the divorce decree....

 

[Ladynred]

Ouch... in that case I would have to agree with you.. she should have them back for those tactics !!!

Have you tried posting your question in one of the other forums on divorce ?

 

[dorenephilpot]

If two people have a joint credit card and one of them is ordered to pay it in a divorce decree but does not and then subsequently files for BK protection, and the spouse lists the ex spouse as a creditor and the ex spouse got proper notice and doesn't object to the discharge before the deadline expires (and the debt cannot be characterized as spousal maintenance or child support), then the ex spouse is SOL on the debt.

(My old English teacher would KILL me for writing that sentence.)

The creditor can go after the ex-spouse, and the spouse who filed the BK doesn't have to pay the debt.

I hope this clears up the confusion.

 

[nailtech]

Thank you very much.........
I posted this as well in the family law(I was hunting you or IAAL down in another thread..lol) and now I have gotten the advice from both of the experts of this forum.... I feel alot better thanks ever so much, [again]... you two are wonderful, THANKS!!!

here is IAAL response to me,...

https://forum.freeadvice.com/showthread.php?postid=257448#post257448