Legal Question in Credit and Debt Law in Wisconsin
my brother in law owes me 1/2 of the debt on my home equity card that we both agreed vergally to make payments on a property we both were intending on fliping but with the current housig market it didnt sell so we rented it out and still couldnt make the mortgage payments with the rent we received so we used my card. over the past 4 years this just kept adding up and now it is to almost the limit and i have been trying to get this debt split between us and am having no luck with my brother in law funds as he claims hie is knee deep in loans but has a well paying job. what can I do to proced to force him to get a loan and take 1/2 of the load off me
1 Answer from Attorneys
Although you can certainly sue your brother in law if you have an enforceable contract or partnership agreement with him to equally share the carrying expenses of the investment property, another alternative might be to consider a bankruptcy, since credit card debt is normally dischargeable. However, your ability to do this without losing any assets will depend upon what else you own, your income, etc. For most middle class Wisconsinites, chapter 7 filings do not cause any loss of assets if properly planned by an experienced bankruptcy lawyer. If you do nothing and do not pay the credit card, the credit card company is likely to sue you and garnishee 1/4 of your wages. However, unlike you, they will probably not have the option to add your brother in law to the lawsuit. You therefore need to decide the best option for protecting yourself and do this with the assistance of an experienced bankruptcy lawyer. My comments in this public web forum are intended only for public educational purposes and are not legal advice specifically tailored to you and your case. Instead, you should retain a lawyer in order to meet your legal needs, since I will be taking no action on your case. Disclosure of confidential information in a public web forum is not recommended and is always subject to being used against you in court. You are welcome to contact my Racine, WI office at 262-633-3090 or email me at [email protected] for further information. Web forum answers may contain attorney advertising materials.