What can I do to protect myself from my ex-husband's bankruptcy filing?

Asked almost 4 years ago - Colusa, CA

I am recently divorced. In the marriage settlement agreement, there was a division of property and debts. My husband agreed to be responsible for a joint credit card account. He actually agreed to get a new credit card and transfer the balance so it would not by on my credit. He has not done so and now the credit card is past due and gone to collections. He told me that he is going to file bankruptcy. What can I do to protect myself and my credit from my husband's bankruptcy filing?

Attorney answers (2)

  1. Rebekah Ryan Main

    Pro

    Contributor Level 18
    Best Answer
    chosen by asker

    Answered . Your agreement with your husband is not binding on the credit card company. The best way to protect yourself is to pay the debt and then seek reimbursement through judgment enforcement with the court. Usually, this is not a practical answer. You can file an OSC regarding this issue and ask the court from some relief. For example, the court could order him to comply with the judgment, to open the new account as you described. However, if he is entitled to bankruptcy, he will get a discharge of the debt and the credit card company will enforce the debt against you. You really do need to speak with an attorney.

    Best of luck to you.

    This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges.

  2. Frederick Scott Islieb

    Contributor Level 14

    1

    Lawyer agrees

    Answered . Go back to the court that issued the divorce decree and file a contempt motion. He has not followed the court's order since he did not transfer the balance on the credit card.

    This response is intended to be a general statement of law that should not be relied upon as legal advice and does not create an attorney/client relationship.

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