Legal Question in Bankruptcy in Nevada

I'm unemployed and getting a divorce in Nevada after 20 years and have alot of CC debt in my name that was taken out during the marrige. A bankruptcy attorney told me that I can take the CC debt with me in the divorce and then declare bankruptcy so as not to ruin both our credit. I'm looking for a second opinion as I've read different opinions on this. I'm afraid the credit card companies will go after her or put a lein on the house if they can't get anything from me. The house is in both our names, she will live in it and take over the payments. Also once the divorce is final will it be difficult to get my name taken off the mortgage? We have a very low rate and refinancing would be difficult on her single income.


Asked on 4/28/10, 12:55 am

1 Answer from Attorneys
Dorothy Bunce

Lift is always a gamble and bankruptcy is no different. If you were to file Bankruptcy, you might or you might not be able to eliminate debts for which your ex-spouse is responsible. What the divorce says about who has to pay the debt is complete irrelevant to whether the debts can be eliminated as to your ex. This is because the creditors have no say about your divorce and cannot be bound by it.

As for ruining your credit, if you both haven't been able to pay your credit cards for more than a couple of months, your credit is already ruined. After my clients get through with their bankruptcy, I provide them with tools so that they can repair & rebuild their credit.

Why don't you and your wife consider filing together & then you can each work on rebuilding your credit as you move ahead with your fresh start in life? I will be happy to discuss the options with you. Good luck & God Bless!

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Answered on 5/03/10, 8:12 am


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