Legal Question in Bankruptcy in Minnesota

Re: Ex-Husband Filed

In most cases you would only be liable if your name was on the account or you were a designated user on a credit card. You could also possibly be liable if you used an account, whether your name was on it or not.

Otherwise, you are not automatically liable for a debt just because you are someone's spouse. Under Minnesota law there is one exception to this rule: medical bills. A spouse is responsible for a spouse's medical bills.

I often see cases such as yours where instead of trying to unscramble the problem, the former spouse just winds up filing a bankruptcy of their own.

One other thing - and this is very important: the bankruptcy law does not discharge any debt which a person has been ordered to pay as part of a property settlement in a divorce decree. If the debts you speak of are debts that the decree ordered your X to pay, he is still obligated whether he filed the bankruptcy or not. If the guy is not following the terms of a decree from your divorce, you may have a contempt of court motion you could bring against him.

Good luck.

This response is for general information purposes only and does not create an attorney-client relationship. You are advised to consult the attorney of your choice concerning the details of your case.

Re: Ex-Husband Filed

You are probably not liable for these debts. However, it may take you a long time to clear this up with the credit card companies and credit bureaus. If you have debts in addition to the debts from your ex-husband it might be advisable to file a chapter 7 case and clear it all up once and for all. PLEASE READ MY FIRM PHILOSOPHY! Everyone deserves a chance to start over fresh. Please feel free to give me a call at (763) 788-1000