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John A. Flynn, Esq.
John A. Flynn, Esq., Attorney
Category: Bankruptcy Law
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Experience:  14 Years Experience in Bankruptcy - Mid-South Super Lawyer
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My ex husband is declaring bankruptcy. How will this affect

Customer Question

My ex husband is declaring bankruptcy. How will this affect my finances? My name is XXXXX XXXXX 2 of his credit card bills. What should I do about my savings accounts, Can they come after me?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  John A. Flynn, Esq. replied 6 years ago.

If your are still on 2 of his credit cards, then they can look to you for payment. Ultimately, if he receives a discharge in his bankruptcy, they may end up suing you, as the only one left who is liable on the account. If they get a judgment, and can find your bank accounts, they can seize them up to the amount of the judgment. Depending upon how much these accounts are, and your financial condition otherwise, you might also look into filing bankruptcy. If you think that might be an option, a qualified bankruptcy attorney in your area can be found through www.nacba.org, the website of the National Association of Consumer Bankruptcy Attorneys. Good luck, and I hope this helps,

 

 

John Flynn

 

Customer: replied 6 years ago.

 

In my divorce decree it states that he is responsible for all the debt. Will that help me at all? Should I move any of the funds out of my personal accounts?

Expert:  John A. Flynn, Esq. replied 6 years ago.

Sorry about the delay. No, that will not help you. As a result of the divorce decree you would have an indemnification claim against him if you had to pay it, but he is filing bankruptcy. The divorce decree cannot affect the rights of a third party (such as the credit cards) and prevent them from being able to go after you. They can only garnish your bank accounts after suing you and getting a judgment. Before that occurs, you should either file bankruptcy yourself, or come to a settlement with them.

 

Good luck,

 

John Flynn

 

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John A. Flynn, Esq.
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14 Years Experience in Bankruptcy - Mid-South Super Lawyer