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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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My husband was granted bankruptcy earlier this year. While

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My husband was granted bankruptcy earlier this year. While he was in the process he continued to pay on a credit card that was in his and his ex-wife's name (divorced 10 years). After bankruptcy, all attempts to pay on the cc were denied as the account no longer existed. Now, almost a year later, NCO Financial is attempting to collect from his ex-wife. He doesn't want to impact her credit score, but is it legal for them to go after her and can we "legally" not pay without it impacting her?

cfortunato :

Hi - my name is XXXXX XXXXX I'm a Bankruptcy attorney here to assist you.

cfortunato :

The creditor surely can try to collect the money owed for that credit card from your husband's ex-wife. This is because your husband's Bankruptcy only discharged his liability to pay that debt. His Bankruptcy did not effect his ex-wife's liability to pay the debt.

cfortunato :

Since his ex-wife is legally liable for that debt, non-payment of that debt will effect her credit rating. There is no getting around this fact.

cfortunato :

Is this what you wanted to know?

Customer:

Not necessarily the answer I wanted, but it is the answer I needed to know. Thank you.

cfortunato :

You're welcome!


 

cfortunato :

I am really sorry I could not give you better news.

Customer:

I've never dealt with collection agencies before and NCO has terrible reviews for harassment.

cfortunato :

Yes - most collection agencies are horrible - nasty, untrustworty, etc.

Customer:

Will they send release papers to his ex-wife once it is paid?

cfortunato :

Who will be paying - your husband or his ex-wife?

Customer:

We will be paying, not his ex-wife.

Customer:

or should she?

cfortunato :

Did you already come to an agreement with NCO concerning how much would be paid?

Customer:

Yes.

cfortunato :

Have you gotten the agreement in writing?

Customer:

Yes - the money is supposed to be wired to them today.

Customer:

This was done through e-mail with document attachments. I've not spoken to anyone, only his ex-wife.

Customer:

only his ex-wife has spoken to NCO, neither my husband or I, but I'm trying to find out more information to make sure this is all done correctly and once the payment is made, this is over and legit.

cfortunato :

As long as everything is documented in writing (email attachments are okay), then NCO should send confirmation to his ex-wife of the receipt of the funds.

Customer:

Regardless of who pays?

cfortunato :

Yes - because the communication is between his ex-wife and NCO, but between your husband and NCO.

cfortunato :

The "but" in that last sentence should be "not".

Customer:

Thank you very much - that's all I need to know. (I figured that)

Customer:

Am I able to print out any of our "back and forth"?

cfortunato :

Sure - please feel free to copy and pring anything you would like to.

cfortunato :

The "pring" should be "print".

Customer:

Thank you, XXXXX XXXXX to rate.

cfortunato :

You're welcome! And please have a great day!

cfortunato and 2 other Bankruptcy Law Specialists are ready to help you