Husband filed for bankruptcy. Two credit cards are joint, will they come after me?

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My husband filed for bankruptcy due to a failed business and then was laid off from his new job. I am a stay at home mom. Two of the credit cards and the car loan were joint accounts. We agreed to pay the car loan. However, the joint credit cards were not fully discharged from the bankruptcy. His credit report shows them included in the bankruptcy but my credit report has them as charged off. My perfect credit score is now in the trash (and all hopes of now finding a job are gone because of that). Will the credit card companies come after me?

Attorney Answers

5
Robert Braverman ·
If you signed on the accounts and are not just an authorized user, then you remain liable on the acounts. Your Husband's bankruptcy would deal with his liabilities, but not yours. They can pursue and depending on the amount may sue for the debt if it is not paid. Options would inclde debt negotiation or bankruptcy among others. You should consult an attorney.
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Michael Duffy ·
Hi there, If he filed for bankruptcy alone, only his debts would be discharged. If you are a signatory on that debt, you are liable as well. How this might affect you would depend on a number of factors, including the debt amount and how the credit card companies wished to pursue it. All of these implications should have been discussed with his bankruptcy attorney when filing, to ensure a successful result that suited your needs. To that end, consult an attorney immediately with your specific facts. It should be noted that your credit score absolutely does not prevent you from getting a job, and generally isn't a factor at all. You must specifically authorize an employer to run a credit check, and few require credit checks anyway. Your credit report mainly affects your creditworthiness, nothing more. Our firm offers a free consultation. Regards, Michael J. Duffy Duffy Law, LLC 1-888-414-5773 www.mduffylaw.com [email protected]
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Ted Troutman ·
If the cards are charged off there is a good chance that the debts may be sold to a collection company that would then try to come after you. If you are not working they would not be able to collect against you at this time. If you get a job in the future they may try to garnish your wages. You should talk to a bankruptcy attorney in your area to see if they think filing a bankruptcy is your best option. You may also have an option of settling the debts for less than the full amount owed using your husbands income.
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Joel Spivack ·
I assume your husband received a Chapter 7 discharge. If only your husband filed the bankruptcy, his discharge of debts does not relieve you of your obligation for joint debts. If you are a co-borrower on a debt, and not just an authorized of the account, then the credit card company can pursue you for payment.
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Barry Roy ·
As co-holders of the accont, it is likely that you are jointly and severally liable for the credit card debt. This means that while they can no longer pursue your husband because of his bankruptcy, you are still fair game. Whether they actually come after you or not is stricly up to the credit card company in questions. In New Jersey, the statute of limitation for a breach of contract is 6 years, so you will not know for sure until that time has come and gone.
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