Legal Question in Bankruptcy in Iowa

I NEED HELP!... My girlfriend separated from her ex about 2 years ago, between them they had about 25k in credit card debt which was split 50/50. She was/is the primary account holder on the cards and had been making her payments. He has put another 6k in debt on the cards despite the divorce decree that states that "neither party shall incur any additional debt on any joint account". Now he is filing for bankruptcy and we are getting collections calls on a debt that isn't "legally" ours.

Im wondering what we can do here.... If we were to send the divorce decree to the credit card companies would they stop coming after us and go after him? Is there any way we can further protect out credit? Do we have to take him to small claims court to settle the debt? Or are we screwed and need to file bankruptcy?


Asked on 10/02/10, 7:03 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

You can file a motion for rule to show cause and have him cited for contempt. You should have cancelled the credit cards immediately but now you're on the hook for the debt. Practically, you should explore filing a bankruptcy petition if you cannot force his compliance any other way.

Read more
Answered on 10/19/10, 8:20 am


Related Questions & Answers

More Bankruptcy Law questions and answers in Iowa