Legal Question in Bankruptcy in New Mexico
Divorced and Filing Bankruptcy
My fiance has been divorced for 2 years. His ex-wife called the other day and said she was going to file bankruptcy. She said she needed him to give her 500.00 for the lawyer because she was going to but his name on the case also. My question is can she do that. It is my understanding that she has excessive credit card debt having received several cards while going to college. He does not want to file for bankruptcy and does not want his name included. Is this legal?
1 Answer from Attorneys
Re: Divorced and Filing Bankruptcy
She can not add his name as a debtor filing for bankruptcy. Only he can do that. Information is required for filing and his signature is required. I hope that they do not have any joint credit cards together or other debts together. If she files for bankruptcy and he is listed as a joint owner of a debt then he would be the responsible party to pay.
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