This concern is not something for you to worry about, you can file for bankruptcy and have your liability discharged and your ex-husband will have to worry about his liability for this debt. Please contact my office for a free consultation to further discuss your options.
You do not have to file jointly, you will be able to discharge your liability for the debt with your own filing. There are many complicated issues when dealing with someone who has been accruing debt to an account that you were not aware of. Please contact my office for a free consultation and we can discuss the issues at length.
As long as your name does not appear on any of the credit cards you are not responsible for payment. However, your husband's estate will most likely have to pay for the debt he left behind. Be aware that you need to keep making payments on any mortgages or HELOCs on your home in order to keep it. Please contact my office for further assistance if you have more questions.
The debtor files for bankruptcy in the County in which they have a permanent residence. In this case, if your sister has a permanent residence in DuPage County and has had that residence for at least 90 of the last 180 days, then that is where she can file. Please contact my office for a free consultation to discuss this and all other issues surrounding the bankruptcy.