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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
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Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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If one partner is bankrupted and a joint credit card is fully

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If one partner is bankrupted and a joint credit card is fully included in the bankruptcy. The bankruptcy is fully served (3 years), the debt is more than 6 - 7 years old - is the other partner still liable?

christhelawyer : HiWelcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer : You would be liable except that the Limitation Act 2010 says claims cannot be brought more than 6 years from the default. This sort of debt is normally jointly and severally liable and bankruptcy would not stop a claim. But the lapse of time would prevent a claim

Thank you.


I think it rough to serve 3 years jointly where both parties have effectively been bankrupted with no assets left and living off NZ Super for a bank to double dip.
They have claimed the tax relief and written the debt off their books by including it in a bankruptcy. The bankruptcy amount never changed.


Seems law is not actually justice in this instance.


when is an account in default measured?


The first email from the Bank advising default is 30 October 2007

christhelawyer :

The time for claiming expires on 30 October 2013, so there is some risk they could claim against you. Perhaps the reponse should be to tell them they are out of time, and that they proved in the bankruptcy and therefore should not claim.


I will follow through. Thanks for the advice

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