Legal Question in Bankruptcy in Louisiana

bankruptcy and community property

I'm recently divorced. Two years ago my husband filed bankruptcy while we were separated. I was told that all my debt (even credit cards in my name only) would be included in this bankruptcy since Louisiana is a community property state. I received bankruptcy discharge papers but only my husband's name is on the paperwork.

A few days ago I was served with papers from a major credit card company saying that I was being sued because I owe them money. This was one of the creditors that was supposedly listed on the bankruptcy.

Today I obtained a credit report that says I owe several creditors--all credit cards that were in my name only. Except one! One card is listed as being included in the bankruptcy. And that credit card was in my name only--not my husband's. What's going on here?

Is it true that all debt (whether in the husband's name or wife's name)is included in a Louisiana Chapter 7 bankruptcy?

How do I go about finding out what happened with this bankruptcy and what was actually covered? The attorney that handled it will not return my phone calls. I live in another state now and it's difficult to get to Baton Rouge to take care of this. What should I do?

Thanks for your time.


Asked on 1/03/07, 9:16 pm

1 Answer from Attorneys
Steve Chlouber Fuller, Chlouber & Frizzell, L.L.P.

Re: bankruptcy and community property

Your husband's bankruptcy would not affect your debt obligation to a creditor. A divorce decree can say he is obligated to pay the debt, but that does not stop the creditor from suing you if he does not pay. You would need to file bankruptcy to discharge that debt. If you need further assistance, you can email me directly at the email listed in the footer.

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Answered on 1/04/07, 3:20 pm


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