Legal Question in Bankruptcy in Florida

I have recenlty been divorced and the credit card debt was not allocated in the divorce. Do I need to include cards only in my ex-husband's name in filing chapter 13? I qualify to file, unemployed and no assets, I just don't know if I have to put all the credit cards on the form or not. Thank you very much!


Asked on 11/30/09, 10:32 am

2 Answers from Attorneys
Steven Meyer CPLS, P.A.

Credit card debt that is just in your ex-husband's name does need to be included on your bankruptcy schedules. However, it doesn't sound as if you should be filing a Chapter 13. If you have no income and few assets, then you should probably file a Chapter 7 bankrutpcy. In a Chapter 13 bankruptcy, you have to pay back some or all debts over time. In a Chapter 7 bankruptcy, you do not. There is a lot of additional information that one wouuld need to know to determine the best type of bankruptcy for you to file. We handle a lot of bankruptcy cases and offer a free initial consultation. We'd be happy to speak to you about your situation.

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Answered on 12/05/09, 2:23 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Only your debt is included -- not his.

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Answered on 12/05/09, 5:29 pm


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