Legal Question in Bankruptcy in Arkansas

Ex-spouse filed bankruptcy and ruin my credit

After my divorce my ex-husband filed bankruptcy and it has gone on my credit, I have took responsibility of my part of the credit cards and he filed bankruptcy on his half - including the house which went bad on my name also. The divorce specifically states that he is responsible for half the credit cards and the home. Is there anything I can do to clear my name. When he filed for bankruptcy I did not sign any kind of bankruptcy papers. Please give me information how to get my name cleaned.


Asked on 11/03/03, 8:58 pm

2 Answers from Attorneys

Herb Southern The Southern Law Firm

Re: Ex-spouse filed bankruptcy and ruin my credit

How long ago did he file Bankruptcy? If his case is still open, you might be able to object to his discharge. Just depends on what the dvorce decree says and if he has not already been granted a discharge. Did he list you as a co-debtor or did he just go it alone? If he failed to list you, then you may still be able to do something about it.

Then, assuming nothing above, the only options open to you are to file for contempt of Court in the divorce action, pay the bills yourself, or file your own bankruptcy.

Bottom line ... Go talk to an Attorney in your area.

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Answered on 11/04/03, 4:56 am
Harvey Harris Harris Law Firm

Re: Ex-spouse filed bankruptcy and ruin my credit

There are several options available to you. It would partially depend on what the divorce decree exactly says. Also, what your name is on and what your ex-husband put your name on. If the bankruptcy has not been finalized, you can attack it that way. If it has been finalized, you may have to go back to the court that granted the divorce. Either way, you need to get these debts out of both of your names. It is too easy for this to happen when these debts are in both people's names. There are some questions that an attorney would need to ask you before suggesting the best path, but you should probably contact an attorney in your area or where the divorce was settled.

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Answered on 11/04/03, 5:55 pm


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