My wife is being pursued in a lawsuit for credit card debt from her prior marriage. We live in Florida now and she was a resident of New York then. A debt collection agency purchased the debt from a credit card company after the credit card company stopped pursuing it. The collection agency is now pursuing the debt with an active lawsuit. Can my wife file bankruptcy protection at this time? I am working and have a good income. The debt total is $25k to 30k.
Your wife certainly could file bankruptcy now, although your income would have to be included in her Means Test and might impact her Chapter 7 eligibility. While the fact pattern set forth does not reference this, things could get a little dicey if (1) a matrimonial agreement or divorce decree called for or required your wife to "indemnify and hold harmless" the ex-husband from this debt, and (2) the ex-husband files an Adversary Proceeding in your bankruptcy seeking a declaration that said credit card debt should not be discharged. If this occurs, the ex-husband should prevail and the Bankruptcy Court should determine the debt to be non-dischargeable. Not surprisingly, I have not seen any reported cases dealing with the scenario where the ex-spouse did not file an Adversary Proceeding, but I suspect that the result would be the same. You should fully discuss this matter with competent bankruptcy counsel.
Yes, you may file bankruptcy to eliminate all your (and your wife's) debt. Know that the bankruptcy court will consider both of your incomes now that you are married to make sure you qualify for Chapter 7 and all of your assets to make sure that all your assets are exempt.
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