Legal Question in Credit and Debt Law in Texas

Debt Assigned in Divorce

My ex-husbnad was assigned our credit debit in the divorce - Aug 06. Shortly thereafter, he filed bankruptcy - Oct 06. Now the creditors are coming after me to pay up and won't take it off my credit report. What can I do? Is my ex-husband no longer liable for the debt? Some of it was established in my name with him as authorized on the acct - the creditor says he can't discharge the debt since it really wasn't his originally and that I'd have to pursue him to pay it and that I have that right, is this true? What are my options. Thank you!


Asked on 1/11/07, 11:52 am

2 Answers from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

Re: Debt Assigned in Divorce

Visit a bankruptcy lawyer...mmost may be barred by limitations...and you could dispute credit report notations..

but creditors will let anyone willing pay the debt...and if you got the goods, you owe the money..but may not have to pay..

Read more
Answered on 1/11/07, 11:55 am
Daniel Press Chung & Press, P.C.

Re: Debt Assigned in Divorce

The assignment of the debt in the divorce decree does not affect who is liable on it as far as the creditor is concerned. So if you were liable, you still are, and they can sue you. The question is what remedy you may have against your ex. If he filed Chapter 7, his obligation to you to pay the debt is not discharged, and you can pursue him (and, if there are assets, his bankruptcy estate) for it. If he filed Chapter 13, it may be subject to discharge, but you should be entitled to priority treatment in his case. You need to consult with an experienced bankruptcy lawyer promptly to make sure that your rights are protected.

Read more
Answered on 1/11/07, 12:02 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Texas