Legal Question in Bankruptcy in Texas

credit card debt and bankruptcy law

I am contemplating bankcuptcy and want to make sure that my ex-husband cannot be held responsible for my credit card debt. Most of the debt was incurred before we divorced 1 year ago. His name is not on my accounts and he was not aware of my purchases. When I file bankruptcy will the lenders try to collect from him? Can they take his land, home, vehicles, etc?


Asked on 7/09/07, 3:37 pm

3 Answers from Attorneys
Keith Engelke Law Office of S. Keith Engelke

Re: credit card debt and bankruptcy law

Credit card issuers or the bill collectors that they assign claims to will try to collect from anyone that might be responsible for paying the debt. While your ex is not legally responsible if he did not sign the application or use the cards, he could be responsible if the cards were used (even by you) to purchase necessaries (food, clothing, shelter). The creditor would have to produce the receipts to show what was purchased. Usually these are long gone.

Even if the cards were used to purchase necessaries and your ex was legally responsible, and the creditors got a judgment against him, only his non-exempt property could be siezed to satisfy the judgement. This excludes his homestead, and one car per licensed driver and the other exempt property listed in the texas property code.

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Answered on 7/09/07, 11:45 pm
Bruce Turner Bennett, Weston, & LaJone, P.C.

Re: credit card debt and bankruptcy law

Your Husband is not responsible.

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Answered on 7/13/07, 1:08 pm
Bruce Turner Bennett, Weston, & LaJone, P.C.

Re: credit card debt and bankruptcy law

Your Husband is not responsible. Contact me for more assistance.

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Answered on 7/13/07, 1:08 pm


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