Live in Manitoba. When one spouse declares bankruptcy and…

No. What happened was that I thought our joint card had been paid off in Nov. 2002 as a large payment was made. However this was not the case and my husband, without my knowledge, ran up $25,000. worth of credit. He made his last payment in February 2004 and then went bankrupt in September 2004, listing the credit card company as a creditor. A collection agency of course came after me for the money. I feel that the statue of limitations expired in August 2010 however they said a payment was made by the bankruptcy trustee in October 2007 and that counts as a partial payment. The limitation law (Section 9) in Manitoba states that the person making a partial payment must be liable for an order of payment, judgement etc. I need to know if it is no longer a joint account as they wouldn't be liable.

I will for sure respond with a positive rating.

I just want to clarify something. You are saying that the account is still legally a joint account after one debtor declares/receives an absolute discharge in bankrupcty. If this is the case, then the way I understand it, that partial payment would restart the clock as it was made by an agent (the trustee) of one of the joint debtors. I'm hoping that's not true, but this is what they might say.

The lawyer for the credit card company is stating that under the Manitoba Limitation of Actions Act - Joint Contractors & Covenantors (10) I am responsible. He wrote: "If the Trustee applied a credit on behalf of the bankrupt spouse by paying on the account in July of 2007 that payment would affect liability of the jointly held cardholder being yourself and therefore affect your statute of limitation time. This is so regardless of how Section 9 reads in the statute as that section would apply to both cardholders as you hold the account jointly & severally." My spouse received an absolute discharge from bankruptch in May 2007. I feel this lawyer is wrong however, I really need another legal opinion.