Legal Question in Credit and Debt Law in Michigan

Divorced & ex-wife is filing for bankruptcy while we still have joint accounts

My ex and I just finalized a divorce in June '03. She has since remarried and is on the verge of filing for bankruptcy. There is one credit card and one car loan that she is responsible for as spelled out in the divorce agreement, unfortunately they both still have my name on them. Is there any way to get my name off the accounts before she files for bankruptcy? If not, do I have any legal recourse to protect myself from the creditors coming after me for payment of the debt? The car loan is about $4800 and the crdit card is about $9900 so they are quite sizable and I have taken great care to eliminate most of my debt and keep my credit report cleaned up. Thanks


Asked on 11/10/03, 8:55 pm

1 Answer from Attorneys
Gregory J. Roth Gregory J. Roth, PLLC

Re: Divorced & ex-wife is filing for bankruptcy while we still have joint accoun

Short of the creditors and your ex-wife approving a transfer to her, you most likely will not be able to get your name off of the accounts. If the creditors realize she is filing bankruptcy, the case is made even more difficult as the creditors will see you as the only solvent party. Though it appears the divorce judgment requires your ex-wife to assume the debt, the fact is that it has not been assumed, and her bankruptcy intentions will further complicate your situation. The creditors may very well come after you for the debt, at which point you might wish to consider settling and paying off the debt to minimize the impact to your credit. Should you have further questions, please contact me at www.lawgreg.com

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Answered on 11/10/03, 10:39 pm


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