Legal Question in Bankruptcy in Texas

Credit Card gambling debt

I recently found out my husband has taken out numerous credit cards in only his name and secretly gambled an excessive amount of debt. My husband is a stay at home father and has no income. Can he file bankruptcy without my name? Why would a credit card company give someone this much credit line with NO income. Am I now responsible to pay back this entire amount even though it was a secret from me and I have no way to stop him from doing it again? How can I protect myself from this without a divorce, he is sick and needs help not a divorce. But finanically I should be able to protect myself from his actions.


Asked on 1/01/08, 7:35 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

Re: Credit Card gambling debt

Your husband can file bankruptcy without including youi in the bankruptcy. If the money borrowed by one spouse was not used for necessaries (food, clothing, shelter, medical care etc.) the other spouse is not repaying the debt unless that other spouse signed the credit card application. Also if a spouse were liable on a debt, divorce would not cut off the liability. Bankruptcy would, assuming that the debt were dischargeable, but divorce would not. Suggest you see a bankruptcy attorney to resolve your problem.

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Answered on 1/03/08, 10:01 am


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