Comments on: Ex-wife is Attempting to Discharge Joint Credit Card Debt – Can I Stop Her?

By: Jonathan

Jonathan — Sat, 05 Nov 2011 19:45:56 +0000

He may need to file criminal charges against her. Documentation that there are pending charges against her for fraud could help and certainly could be a defense in a civil suit.

By: H Bryant

H Bryant — Fri, 04 Nov 2011 13:41:20 +0000

My son’s exwife obtained a credit card without his knowledge before they divorced. She used his information and obtained an additional card for him. He called the Credit Card company and told them to remove his name – that he did not authorize this card. They refused. He had it put in his divorce that she was not to use the card and must have his name removed. She did not and has since the divorce charged it up to $3600 and is not paying so there are interest and penalties. He has notified the credit bureau, the CC company and no one will listen. He has never been late with his bills. Had a stellar credit rating and didn’t know this had happened until he traded cars and his Dad had to co-sign a loan for him to get it !!!! He has no current address for her and now they are calling him. What can he do? He has never put a charge on the card but the CC company refuses to even send him a itemization of her charges.

By: John W

John W — Mon, 10 Oct 2011 17:28:26 +0000

Boy – that sure is nice of you to offer these comments to anyone who writes in. I really appreciate it! I’ll contact Exerian right away. I’ve touched base w Chase and we each need to send in letters explaining what happened. They will then send us some more paper work and *hopefully* I’ll be separated from this account. Since the account is closed it makes it more difficult but I’m hoping for the best!
Thanks again, Jonathan,
JW

By: Jonathan

Jonathan — Mon, 10 Oct 2011 16:44:28 +0000

John, you can add an explanation to your Experian report but you cannot force the credit bureau to remove a delinquent credit card balance if you signed as an applicant. You may want to take a look at the divorce decree to see if responsibility for this card was discussed. Negative items like this are supposed to come off after 7 years – if it has been more than that you may want to contact Experian to ask that this derogatory reference be removed.

By: John W

John W — Mon, 10 Oct 2011 01:20:40 +0000

Hi – I was divorced 10 years ago. I did not realize it but my ex maintained a former joint credit card in both of our names. My credit history is stellar. I recently applied for a new credit card to scoop up the 45k frequent flier miles that came with it but was denied due to the report from Experian. I got a copy of my credit history from them and sure enough, she ran up that old credit card to $20k and it was “closed at credit grantor’s request.” I have asked her to have me removed from the card but have no idea if she can or will.
I also got the TransUnion report and it does *not* include that old Chase card. Can I somehow get this expunged from my credit history? What do I need to do?
Thanks a lot for the help you’re providing to so many of us,
JW

By: LaRay

LaRay — Fri, 23 Sep 2011 14:02:48 +0000

My ex and I have been divorced for nearly two years. They were awarded our jointly-mortgaged home in the final divorce settlement. I was just informed that the ex has filed bankruptcy, has missed two mortgage payments and now is offering to “give” me the home back after the bankrupcty is discharged. I have contacted the lender and I am trying to work with them. However, the ex insists they are not moving out until the end of this year because by law the bankruptcy protects them. How can I negotiate with the lender with the ex residing in the home? Without actively living in the home I cannot qualify for many of the govt. sponsored programs. Do you have any guidance for me as to how I should proceed. I am currently waiting on the lender to receive their bk notice. I have received one with the notice of 341 meeting date. Though strapped financially, I have already arranged for two roommates to move in the home with me. First problem, ex is still there with my child. Second problem, since it is in bk I am worried that I will negotiate with lender then it will get foreclosed on as a result of the bk. Third, I quit claimed the homestead claim and deed to the ex. How do I get that back or will the bk discharge do that? I really need help. My divorce attorney said she could not help me with this and referred me to a list of other attorneys that I cannot currently afford. Any input you can offer would be much appreciated. Thanks in advance.

By: Jonathan

Jonathan — Tue, 21 Jun 2011 00:37:27 +0000

@Joe, a Chapter 7 discharge would eliminate credit card debts in your name, both individual and your part of the joint liability. It would most likely not impact debts in your wife’s name that you may have assumed that are solely in her name (although Section 523(a)(15) could be read to make your obligation to your ex-wife non-dischargeable. The question – would you face issues with the divorce judge by entering into an agreement to pay debts when you are planning on discharging those debts. I would discuss this issue with a divorce lawyer in your jurisdiction for specific advice, and with a bankruptcy lawyer for advice about the dischargeability issue. These are issues that require specific advice, not general information. Good luck.

By: Joe

Joe — Tue, 21 Jun 2011 00:28:20 +0000

I am trying to get an uncontested divorce, but my soon to be ex is asking me to pay/assume all the medical bills on her/our name.
After the divorce is finalized, can I discharge those bills on bankruptcy ?
Help please!
Thanks.

By: VICKI

VICKI — Wed, 08 Jun 2011 18:45:50 +0000

I WAS DIVORCE IN 2004, I WAS FORCE TO FILE BANKRUPTCY ON A JOINT CREDIT CARD, MY X-HUSBAND WAS NOTIFIED I WAS FILING. HE DID NOT FILE AN OBJECTION WHEN I FILED THE CHAPTER 13 NOR DID HE FILE AN OBJECTION WHEN I CONVERTED TO A CHAPTER 7. I WAS AWARDED THE CREDIT CARD IN THE DIVORCE. SINCE I FILED THE BANKRUCTCY THE CREDIT CARD COMPANY WENT AFTER HIM TO PAY IT. SINCE I WAS DISCHARGED FROM THIS DEBT CAN HE TAKE ME BACK TO COURT AND MAKE ME PAY HIM BACK???

By: Jason

Jason — Wed, 19 Aug 2009 02:14:23 +0000

I have a somewhat similar situation. I am a cosigner on a student loan for my ex. In the divorce decree it states they are responsible for that debt. I know they allow a signer to remove their name after so much is paid or by mutual consent of all parties. Is is possible to have them remove my name because of the decree without having to pay the 24 months on the loan.
Thanks for you time!