Hello, my name is XXXXX XXXXX I would love to assist you. Give me a moment to research your issue and I will answer promptly.
Filing the BK basically removes the husband from liability on the account, whether listed or not, and leave the ex-wife as the person responsible to pay it.
So the ex-wife can contact the creditor and inform them that she is not part of the BK, is the only one to ever use it, and intends to continue to use it and continue to pay as she always has.
So it is not really included in the BK if there was no balance and not listed, but the husband is protected from being sued on it in the future.
If you have more questions, please let me know.
Sometimes it takes a little bit of back and forth to narrow down and completely answer your question, so let me know if you have more.
Once we have completely answered and resolved your issues, please provide a positive rating so that we get credit for our session.
Have a great day!!!
Unfortunately, many credit card companies, as private companies, can do what they want. So even if the ex-wife always paid it and always used it, sometimes the creditor sees a BK and is just scared and closes the account before looking further.
It is more of bank procedure than a legal reason.
The BK court has power technically over all of the creditors of the filer. Now that being said, if at the time of the filing, nothing was due, then is the party really a creditor of the husband.
If $2.51 was due on the filing date, then the creditor could say husband owed a debt, so it is included in the BK and close the account.
It is unfortunate if that happened
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).