Legal Question in Bankruptcy in West Virginia

Re: divorce

Ordinarily, the credit card companies will not release an obligor on a debt for these reasons. You are able to notify them that you will no longer guarantee or become obligated for new charges. They may cancel the card if you provide that notice. As to the previous debt assumed by the former spouse, the Bankruptcy Code provides for a means by which the Bankruptcy Court can adjust what might be an unfair discharge. That is, when both spouses assume debt and assets in a divorce settlement and later one spouse seeks to avoid paying the debt assumed, the court can hold some or all of the debt not discharged using the so called "balance of misery test" In order to make the challenge, the offended spouse must file an Adversary Proceeding or a suit in the Bankruptcy Case within 60 days of the meeting of creditors.