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David J. Harris

David Harris’s Answers

21 total

  • Divorce and bankruptcy.

    We are finalizing agreements for divorce. Even I will take some of my spouse's credit card debt, he probably has to bankrupt sooner or later because of his other credit card debt. By the way, we do don't have any child ot property, and we just ...

    David’s Answer

    I practice in Pennsylvania and can only speak as to the law here. While the law may differ from state to state, generally a divorce court's declaration is effective only as between the divorcing parties and not as between the divorcing parties and creditors.

    Thus, if you and your ex-husband owed money to a credit card company, you each remain 100% liable to the credit card company, even though you may have a divorce-related settlement agreement that states that he is liable to pay the credit card. The credit card company can pursue either of you.

    Your means of recourse, however, would be against your ex-husband under the terms of our settlement agreement, if you end up paying the credit card obligation.

    In some states you may be able to obtain a contempt order. Note also, that your rights may be affected if your ex-husband files a bankruptcy case and, the extent of that effect will depend on the nature of the obligation that he owes to you (e.g., alimony, child support, equitable distribution, property division) and whether he files a Chapter 13 case (as opposed to a Chapter 7 case).

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