I filed BK7 on a joint account

cprems · 05-02-2008, 03:39 AM

I filed BK7 in early 2005. My wife (then girlfriend) was on the account, can the bank come after her for the money that was discharged in my BK7. I am wondering as something in my BK7 was omitted and there is case law saying that the debt is discharged. can she be held liable for my past mistake.

Ian

Enigma · 05-02-2008, 05:41 AM

Yes she the creditor can come after her.

As to your second question, it depends if it was a no asset Chapter 7. Talk to your attorney.

drivel · 05-02-2008, 09:35 AM

Quote:

Originally Posted by cprems

I filed BK7 in early 2005. My wife (then girlfriend) was on the account, can the bank come after her for the money that was discharged in my BK7. I am wondering as something in my BK7 was omitted and there is case law saying that the debt is discharged. can she be held liable for my past mistake.

Ian

The debt is discharged as to you, not your wife.

That's why prenuptial credit pulls should be considered a permissible purpose.

cprems · 05-02-2008, 12:22 PM

Quote:

Originally Posted by Enigma

Yes she the creditor can come after her.

As to your second question, it depends if it was a no asset Chapter 7. Talk to your attorney.

Enigma, this was a BK7 NO ASSET case. I filed not including my wife on our attorney's advice. So what do I need to do. I have no qualms about paying it, it looks like I will have to anyway since my wife is on the account.

Ian

Enigma · 05-02-2008, 07:04 PM

Quote:

Originally Posted by cprems

Enigma, this was a BK7 NO ASSET case. I filed not including my wife on our attorney's advice. So what do I need to do. I have no qualms about paying it, it looks like I will have to anyway since my wife is on the account.

Ian

Not wanting to second guess your attorney, but I wonder why he did not include her in the BK if it was a joint account.

If it is a joint account, irregardless of your martial status at the time of the filing, you will need to file for her or she will need to pay it. In the alternative, if she does not pay it, then she will have to hope she is not sued.

What type of debt is it, what was the date of last payment and what is the SOL for the debt in your state?

cprems · 05-04-2008, 02:50 PM

Quote:

Originally Posted by Enigma

Not wanting to second guess your attorney, but I wonder why he did not include her in the BK if it was a joint account.

If it is a joint account, irregardless of your martial status at the time of the filing, you will need to file for her or she will need to pay it. In the alternative, if she does not pay it, then she will have to hope she is not sued.

What type of debt is it, what was the date of last payment and what is the SOL for the debt in your state?

Apparently this is an overdrawn account that we "thought" had a ZERO balance and closed it. I live in TX, The SOL I believe is 4 years. We are approaching the 3 yr mark on this debt.

Ian

P.S. The attorney said she did not need to file.

Enigma · 05-04-2008, 03:07 PM

Is it for a large dollar amount?

magyar123 · 05-04-2008, 07:25 PM

Was she a joint cardholder or just an authorized user. If joint - yes they can come after her. If at the time she was just an authorized user they can't.

Pale Rider · 05-04-2008, 08:12 PM

Well, it is community property state also. You may want to pay to keep it off her credit and avoid a big hassle trying to remove.

Enigma · 05-04-2008, 11:06 PM

Quote:

Originally Posted by cprems

Apparently this is an overdrawn account that we "thought" had a ZERO balance and closed it. I live in TX, The SOL I believe is 4 years. We are approaching the 3 yr mark on this debt.

Ian

P.S. The attorney said she did not need to file.

You write "overdrawn account". Is this a credit card account or a checking account?