Legal Question in Family Law in Washington
Divorce Law-Credit Cards
I divorced my ex-wife 14 years ago. Iassumed the debit for all the credit cards. One of the accounts I left open and continued to use thinking that as the court ruled I had responsibility for the debit. Recently I had to file bankruptcy. The bank went after my ex and told her that she would have to file fraud charges against me to avoid debit liability. What do I do?And is this real?
1 Answer from Attorneys
Re: Divorce Law-Credit Cards
You can't avoid obligations to third party creditors through divorce. The third-party creditors have a right to be paid.
But you are not in any way suggesting that you are trying to avoid liability for this debt. You assumed it and you paid it for 14 years. Now, you find yourself unable to pay ALL your debts so you are asking for relief from the bankruptcy court.
Your ex should not take legal advice from anybody who is not a licensed attorney.
The "Bank" sounds like a collection agency. Their advice to your ex is amazing.
You and your ex would probably enjoy reviewing the website at budhibbs dot com for some further thoughts on creditor claims to debtors.
Bottom line is whatever your bankruptcy lawyer tells you to do, is what you do. But I am fairly sure that telling your ex to "file fraud charges" is crossing the line of the automatic stay.
Hang in there. Elizabeth Powell
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