Legal Question in Credit and Debt Law in Michigan

Divorce/Bankruptcy

I live in MI. My ex-husband incurred debt prior to our marriage. We have since divorced and he filed for bankruptcy after it was final. His debt is showing up on my credit report, some of which has been sent for collections. Am I liable for his debt, even though he declared bankruptcy, we are divorced, and the debt was incurred before our marriage?


Asked on 1/28/09, 9:02 am

1 Answer from Attorneys

Renee Walsh LawRefs Nonprofit

Re: Divorce/Bankruptcy

You are only liable for debt as to which you signed a promissory note or other contract accepting responsibility for the debt. Furthermore, any debt listed on your bankruptcy petition would likely have been discharged. Debt not listed would not be discharged.

Write to the three main credit reporting agencies (Experian, Transuion, and Equifax) and indicate your dispute of the adverse report since the debt is not yours. They are obligated under the law to undertake an investigation. Also request to add a statement to your report explaining the adverse incident while the investigation is pending.

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Answered on 1/28/09, 9:37 am


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