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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17080
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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I took bankruptcy and it was finalized by the courts in Springfiel

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I took bankruptcy and it was finalized by the courts in Springfiel in October 2012. A US Bank credit card was one of the creditors named. I was divorced in 2002 and my ex-wife, that had been added to the card as a user only, was still on the card when my bankruptcy went through. This was my mistake for not taking her name off before filing, but I thought that when we were divorced, she was no longer allowed to use it, and just forgot about it.
Is she liable for the charges that were discharged by my bankruptcy.

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati ON.

WALLSTREETESQ :

If your spouse was not on the loan or a co signor, she would not be liable,

WALLSTREETESQ :

You would not be liable as well as it has been discharged,

WALLSTREETESQ :

In terms of your ex wife, if she was a co signor then she would be liable for the debts, as she was not a party to the bankruptcy.

Customer: replied 3 years ago.

It was not a loan, but a credit card that I already had when we got married. I just had her added as a user, not a holder.

You have given us a negative rating, if she is using the card in her name after the divorce, that would be allowed, unless the creditor had a problem with it.

If she was not listed in the bankruptcy, the debt cannot be discharged on her.

A credit card is a loan, and the same rules apply, if she was only a user, then she has no liability to the debts.
WALLSTREETESQ and other Bankruptcy Law Specialists are ready to help you
Customer: replied 3 years ago.

You have still not defined the difference between a co-signer
and just a user for convenience. She never signed anything. I just asked for her to be put on so she could use my card if needed.

If she never signed on the credit application she has no liability.

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