Legal Question in Bankruptcy in Indiana

Re: responsiblity for ex-wife's debt

If you were not on these accounts and they were solely your ex wife's, you are not liable. Did you ever charge anything? Tell anyone that contacts you that you want written proof of your legal responsibilty under the fair debt collections practices act-you must do so in writing

Re: responsiblity for ex-wife's debt

It probably is a ploy. These various threats you describe sound unprofessional, so they are probably being made by uncouth debt collectors. However, there is a possibility that you are liable for some of these debts. If they were incurred during the marriage for items to support your wife's maintenance and upkeep - clothing, jewelry, oil changes, car repairs, etc., then you could be liable. Since the marriage was over five years ago, you are probably off the hook. If you co-signed on the credit card (are you sure you didn't in a moment of loving weakness do such a thing?) then you could be still be liable. I have known cases where contented domestic partners had joint credit card accounts, then became discontented and divorced (did it themselves) and agreed to divide responsibility for payment of various cards, then the card company sent a new card (in both names) to an irresponsible bad partner, and the good partner knew nothing about it. And of course, the card company's collection agents came sniffing and barking at my noble client (good spouse) when the irresponsible, bad ex-spouse filed bankruptcy. (The collection agents were eventually driven off.) So first, send all collection agents a letter denying liability for the debt and demanding to know the basis for the claim and demanding a copy of documentation. They are required by law to provide this information. While awaiting that information, review your divorce papers. Your attorney should have had your ex-wife sign a statement declaring that all her assets and liabilities are listed (this is often part of the property settlement agreement). Then if these particular debts are not in fact listed, you should file a complaint in the bankruptcy court objecting to the discharge of her debts so far as these joint liabilities to you are concerned since so far as you are concerned they are fraudulent debts. There is a strictly enforced time limit of just a few months for you to file this complaint in a bankruptcy case; this deadline is usually listed on the Notice of Meeting of Creditors. Bankruptcy courts are courts of equity. And Equity Does Not Favor He Who Sits On His Hands. If you think there may be a reason to file a complaint to determine dischargeability, consult with a real lawyer real soon. Contact your local county bar association for a referral. Ask for someone with experience in creditors rights. Good luck.