Will my ex husbands bankruptcy erase credit card debt? 23 Answers as of August 26, 2011

My divorce was filed 4 years ago. There was credit card debt in a significant amount that has been haunting my credit. He was the account holder and I was an authorized user. He is now filing bankruptcy and I was unsure what would happen to that on my credit now. Will it be removed since I was not an account holder? Our divorce decree held him solely responsible for that debt.

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Heupel Law
Heupel Law | Kevin Heupel
You should contest the debt with the credit bureaus and ask them to remove it since you were only an authorized user. That way, it will not negatively affect our credit.
Answer Applies to: Colorado
Replied: 8/26/2011
Ross Smith, Attorney at Law
Ross Smith, Attorney at Law | Charles Ross Smith III
You will need to run all 3 of your credit reports and then consult an attorney. On some of the debts the statute of limitations may have run. And you may not be liable for the the "authorized user" debt, unless they can show it was you using the card. Their records are usually poor. Your ex's bankruptcy should normally have no effect on your own liability. However, if he files a Chapter 13 plan, you could be protected by his Chapter 13 Court. Good luck. Thank you for reading me. I hope you found this answer to be helpful. This answer is not intended to create an attorney/client relationship. It is general information that should be discussed with your own attorney. Because the law in other jurisdictions is different and the facts of each case are different, consumers cannot rely on the opinions expressed here.
Answer Applies to: Ohio
Replied: 8/16/2011
Law Office of John C. Farrell, Jr.
Law Office of John C. Farrell, Jr. | John C. Farrell, Jr.
Unlike some states Massachusetts is not a community property state so you are not responsible for the debt if he was the account holder. His bankruptcy should have encompassed that debt.
Answer Applies to: Massachusetts
Replied: 8/13/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
As an authorized user you will be liable for the debt. Since it was part of your divorce decree that he pay, you should speak with a Bankruptcy Attorney to discuss Objecting to the discharge of the debts that you were an authorized user for. You also should speak with your divorce attorney to discuss filing a contempt for breach of the Court Ordered Divorce Decree.
Answer Applies to: New Hampshire
Replied: 8/12/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
It should come off your credit report. If it doesn't file a dispute with the credit reporting agencies.
Answer Applies to: California
Replied: 8/12/2011
    Law Offices of John J. Ferry, Jr.
    Law Offices of John J. Ferry, Jr. | John J. Ferry, Jr.
    Unfortunately, you may still have a problem. While the creditors can no longer go after your husband due to the bankruptcy, they can try to collect from you if you are a joint debtor on the account. If a creditor does attempt to collect from you, you may be able to go into the county court and ask the court to order your husband to repay you on the basis of the divorce agreement language. (He has a contractual duty to reimburse you, even though he no longer has any personal liability to the credit card company.)
    Answer Applies to: Pennsylvania
    Replied: 8/11/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    The fact that the divorce court ordered your ex to pay the debt does not matter. The issue is whether you are still reponsible for the debt. If you are then the debt will continue to follow you. You may be able to return to divorce court and have him pay the debt even though he has filed bankruptcy.
    Answer Applies to: California
    Replied: 8/11/2011
    Theodore N. Stapleton, PC
    Theodore N. Stapleton, PC | Theodore N. Stapleton
    If you used the card you are probably liable for the debt. You could discharge the debts in your own chapter 7 if you qualify or work out a settlement with the creditors. I am happy to discuss these issues with you. Please call to schedule a free consultation.
    Answer Applies to: Georgia
    Replied: 8/11/2011
    Rhonda R. Werner Schultz, PL
    Rhonda R. Werner Schultz, PL | Rhonda R. Werner Schultz
    Your credit report may reflect his bankruptcy filing, but since you are not an account owner on any of the accounts, your credit should not be negatively affected by his filing. You have the right to provide an explanation to the credit reporting agencies if this has an impact on your credit. Contact the credit reporting agencies directly for directions on how to provide an explanation and correct any misinformation.
    Answer Applies to: Wisconsin
    Replied: 8/11/2011
    Ray Fisher Law Offices
    Ray Fisher Law Offices | Ray Fisher
    If you had any legal liability on the debt, neither the divorce nor the bankruptcy will change that. You are still liable for it. If it has been more than 4 years since any payment was made on it then it is time barred by the statute of limitations.
    Answer Applies to: Texas
    Replied: 8/11/2011
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    Unfortunately no. Since you were on the accounts, even though he was held responsible in the divorce and they were his accounts, he will discharge the debts and now they will go after you.
    Answer Applies to: Michigan
    Replied: 8/11/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    This is an issue of community property law, more than bankruptcy. If you are liable on the debt (either as an authorized user, or as a community debt), his bankruptcy is not going to help you at all. The fact that this debt has been "haunting your credit" is an indication that you are possibly liable on the debt regardless.
    Answer Applies to: California
    Replied: 8/11/2011
    Breckenridge and Walton
    Breckenridge and Walton | Alan D. Walton
    It will erase his debt. It should not be showing up on your credit at all if you were only an authorized user. If someone comes after you for payment, you can return to the family law court for relief.
    Answer Applies to: Michigan
    Replied: 8/11/2011
    Melinda Murphy Dionne, PC
    Melinda Murphy Dionne, PC | Melinda Murphy Dionne
    If you were merely an authorized user, the cards should not be showing up on your report. If your ex husband was the sole account holder, his discharge should wipe out the debt. You should monitor your credit report and make sure that the erroneous information is removed from your report.
    Answer Applies to: Alabama
    Replied: 8/11/2011
    Lewis Adams and Associates
    Lewis Adams and Associates | Lewis P. Adams
    The bankruptcy will not remove anything from your credit report or his. It will only eliminate his obligation to the credit card lenders.
    Answer Applies to: Utah
    Replied: 8/11/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    It shouldn't have touched you if you were only an authorized user. Make sure that's what you are. If not, you should file, too.
    Answer Applies to: Virginia
    Replied: 8/11/2011
    Dan Wilson Bankruptcy
    Dan Wilson Bankruptcy | Dan Wilson
    As an authorized user you are probably responsible for the debt. You should consider filing bankruptcy. The divorce decree does not prevent him from discharging the debt unless your decree characterized the debt as being in the nature of alimony or child support.
    Answer Applies to: Colorado
    Replied: 8/11/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    If your ex-husband files bankruptcy your credit is unaffected. Your credit is what you owe, not what he owes.
    Answer Applies to: California
    Replied: 8/11/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    The debt will be discharged in his bankruptcy for him. If it is showing up on your credit, there is the possibility that the credit card companies will come after you if he discharges it. However, if he was to be responsible for payment in you divorce, it may be possible to keep the debt from being discharged as to you if you become responsible for it due to his bankruptcy. To protect yourself you would have to file an Adversary Proceeding when he files. It must be done right after he files for bankruptcy as there is a limitation on the time you can go after him. You need to discuss this with a bankruptcy attorney to protect yourself.
    Answer Applies to: California
    Replied: 8/11/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    If you truly an authorized user, you are not liable for the account. You can demand such accounts are removed from your credit report. According to section 603 of the FCRA only information on credit issued to a consumer is allowed. If you are an authorized user you are not responsible for the debt and did not receive credit. An authorized user doesn't have credit on this account and it's only the signor that is responsible. If they refuse to remove it, get a lawyer and sue them for damages.
    Answer Applies to: Georgia
    Replied: 8/11/2011
    Law Office of J. Scott Logan, LLC
    Law Office of J. Scott Logan, LLC | John Scott Logan
    Unfortunately, you are more than an authorized user in the credit card company's eyes if it is reporting on your credit report. Accordingly, the credit card company will likely just redouble its efforts to collect from you. The State court divorce judgment has no effect on the interstate contract with the credit card company
    Answer Applies to: Maine
    Replied: 8/11/2011
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    Unfortunately there is nothing in the bankruptcy law that tells a credit reporting agency to do anything. It is usually an industry standard by which they report credit. False information can be challenged.
    Answer Applies to: Michigan
    Replied: 8/11/2011
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