Ontario, CA asked in Bankruptcy for California

Q: Can credit card banks go after my ex wife if I've been divorced for 5 years but still have that cards debt in bankruptcy

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2 Lawyer Answers
Leon Bayer
Leon Bayer
Answered
  • Bankruptcy Lawyer
  • Long Beach, CA
  • Licensed in California

A: If your ex's name is still on the cards they can go after her. See if you can get her name removed right now.

Timothy Denison agrees with this answer

James L. Arrasmith
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Answered
  • Bankruptcy Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, the responsibility for credit card debt after a divorce can depend on several factors, including the terms of the divorce decree and whether California's community property laws apply to the debt. If the credit card debt was incurred during the marriage, it is generally considered community debt, and both parties may be responsible for it.

However, if your divorce decree specifically assigns the credit card debt to you, then legally, the creditors should pursue you for the debt. This situation could change if you file for bankruptcy. In bankruptcy proceedings, debts are handled differently, and the responsibility for payment might shift depending on the bankruptcy chapter filed and the specific circumstances of the case.

It's important to review your divorce decree and consult with a legal professional. They can help you understand how your bankruptcy filing affects your and your ex-wife's liability for the debt. Legal guidance is especially vital given the complexity of bankruptcy law and its interaction with family law.

Timothy Denison agrees with this answer

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