If for example you have joint credit cards, in other words you are each co-debtors on the particular account, then as far as the creditor is concerned each of you is 100% responsible. Except if he got a discharge, now it is all on you. You are not protected unless you get a discharge in BK as well as to those particular joint accounts. There may also be other types of joint debt: income taxes, medical bills for children (as both parents are responsible), etc. If you are talking about separate credit cards or credit cards where you were an "authorized user" only, then you're not responsible for paying those accounts as far as the creditor is concerned. Sometimes in a divorce proceeding, the divorce order will say that one spouse must pay certain debts. If ex-husband debts were discharged, then there is nothing to pay. If there are joint accounts, as listed in the first paragraph, then you may (this just depends on other facts) be able to get a divorce order stating that ex-spouse must pay that debt or some portion of that debt, even if it has been discharged in his BK. Divorce, usually means increased living expenses since you're splitting up households and doubling some expenses so it's not uncommon for individuals to file BK before or after a divorce. I've handled it both ways, with some couples deciding to file together (2 for 1) prior to obtaining a divorce just to wipe off the slate so that they can use their income resources on more important things, like taking care of each other and/or their kids, rather than old credit card bills.
Answered on Apr 24th, 2015 at 12:53 AM