Legal Question in Bankruptcy in California

I live in California. Can I take any legal action against someone who has filed for chapter 7 which I was a coapplicant on a credit card with? The card was opened almost 10 years ago and I thought I had cancelled it. The credit card did not carry a balance for almost 8 years until recently my ex whom I had opened the credit with pulled out a 30k cash advance. Now the credit card company is looking out to collect the debt from me. Meanwhile, I have this bankruptcy hanging over my credit when Im not the one who filed for bankruptcy. The only reason I found out about this issue was when just 3 months ago I tried to refinance my home but was denied for this very reason. I need to clear this up and not sure where to begin.


Asked on 1/30/12, 1:30 pm

2 Answer from Attorneys
Tony Carballo Carballo Law Offices

If it is too late to file an adversary proceeding (lawsuit) in bankruptcy against that person to have your claim against that person declared not dischargeable (which might be if the person has already received a bankruptcy discharge) then you are stuck with the $30k debt to the bank. If the person has not yet received a discharge, then you might want to see a bankruptcy attorney immediately about your claim against that person for fraud to prevent your claim against that person to be discharged. Otherwise, you will not be able to sue that person later to collect the $30,000 she charged which you now solely owe the bank. This is why you should not have a joint account with anyone and certainly must close the account whenever you break up with the person to avoid being stuck with another person's bills.

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Answered on 1/30/12, 5:28 pm


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