Legal Question in Bankruptcy in Texas

Who is Responsible

My husbands ex-wife filled bankrupcy. His name was on one credit card that she got after they had seperated without his knowledge. At the time of the final hearing for the divorce, the judge assigned that debit to her. Now with her filling bankrupcy, Wells Fargo is after us to pay off her $8,000.00 debit. How do we fight this and not end up paying her bills? Please help.


Asked on 12/11/03, 5:10 pm

2 Answers from Attorneys
Elizabeth Schaefer SCHAEFER LAW FIRM

Re: Who is Responsible

You may file an objection to discharge, but it must be filed within 60 days of the first date set for the meeting of creditors (whether the meeting actually occurs on that date or not).

The language of the divorce decree may also have bearing on the dischargeability of this debt.

Also, assuming your husband is deemed a co-signer of the credit card debt, and if you can convince the ex-wife to convert to a Ch. 13, your husband may be protected. This strategy requires that the Ch. 13 plan includes full payment of the co-signed debt, so convincing the ex-wife may be challenging.

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Answered on 12/15/03, 1:22 pm
Cheryl Rivera Smith The Smith Law Firm

Re: Who is Responsible

I am afraid if he was on the credit card, his only alternative, if he qualifies, is to file bankruptcy also. Otherwise, he will need to bite the bullett and pay.

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Answered on 12/11/03, 6:51 pm


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