Phoenix, AZ asked in Bankruptcy and Divorce for Arizona

Q: I am filing chapter 7 and am including 2 debts from more than a decade ago… a 2009 cell phone bill of $980 and…

…$7000 Military Star Credit Card debt. Both debts are individual accounts only in my name, but were acquired while married to my wife during yrs 4-6 of our marriage in AZ, a community property state. Both debts were personal items that I only purchased and used, and not shared such as clothes, laptop, and lawnmower. I since have divorced in 2021. All collection notices over the past decade were addressed to me and she never received notices at all. Can these 2 debts be discharged in chapter 7 successfully without the collection agencies holding my ex wife accountable & transferring the debt to her? Thanks for your help

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1 Lawyer Answer
Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY

A: Unless your wife signed on them as guarantor ( instead of authorized user), the creditors can never go against her to try and collect the debt. Your discharge should end it all.

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