Legal Question in Bankruptcy in Pennsylvania

Can credit card debt from ex-spouse be included in my bankruptcy?

The economic aspects of my divorce have not yet been resolved. I am going to be forced to file for bankruptcy because my credit is in ruins due to the divorce and mortgage obligation that I had go alone. If I am obligated to assume my ex-spouse's credit card debt, which was not a joint account, can this be included in my bankruptcy and discharged as well?


Asked on 2/14/03, 8:43 pm

1 Answer from Attorneys
Matthew Nahrgang Nahrgang & Associates, P.C.

Re: Can credit card debt from ex-spouse be included in my bankruptcy?

If the divorce is obtained prior to the bankruptcy, it is possible to discharge the obligation, which is known as indemnification. In that event, you would receive a discharge of the debt unless your then ex-wife files a complaint in your bankruptcy case objecting to the discharge of that debt. The court would have to weigh your ability to pay versus hers.

If you file before a divorce is granted, Pennsylvania law states that a court can require that you indemnify despite the bankruptcy.

I trust this has been helpful, but feel free to call or E-mail on a free initial basis.

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Answered on 2/18/03, 11:46 am


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