Legal Question in Bankruptcy in Georgia
Banruptcy and cosigner
My ex-spouse in Georgia filed bankruptcy and now I am being stuck with the debt. I was unaware that my name was still on this account because she was supposed to have taken my name off of these credit card when we got divorced. She claims that she did but apparently that did not happen. I took all the debt in the divorce so to think she'd ever file bankruptcy with my name on anything, I never thought would happen.
In our divorce decree it states that any debt incurred after February 2004 is the responsibility of the individual who acquired it and shall not harm the other individual.
If this is the case and now I'm being sought after... when she filed bankruptcy, is it required that she should have put me down as a cosigner on this credit card and reported it in her bankruptcy? Would that have made it nondischargable because of the divorce decree or can she just file without my knowledge.
Along with that... because of the fact that I was never notified, I found out about this debt last week and her bankruptcy was discharged yesterday (january 24, 2006). She did not provide me that information, I acquired it on my own. It seems the whole time she was trying to hide this from me.
Is there anything else I can still do?
1 Answer from Attorneys
Re: Banruptcy and cosigner
File an objection to discharge in Ga Bankruptcy court and ask the debt to be reinstated. Sue her in the divorce court for contempt of court and fraud.
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