 Collectors call: Ex-wife had secret credit card
|  Dear
Bankruptcy Adviser,
I filed Chapter 7 bankruptcy in 2003 and have
been discharged for four years now. During that time my wife and I went through
a divorce and now I'm receiving calls from a bank saying that the account is delinquent. I
told them that I am completely unaware of the account and they told me it is a
joint account. My question is, I included all of "my accounts"
in my filing, but I am not aware of any such account. When I asked my ex about
the card she did in fact say she does have that credit card, but when I filed
bankruptcy I didn't include that account because I was unaware of it. Am I still
responsible?
-- Mike
 Dear
Mike,
You've asked a great question because it gets to the heart of
how bankruptcy relates to marriage (and divorce). You see, a bankruptcy is a snapshot
of your financial status on one particular day -- the filing date. All your debts
and assets must be disclosed prior to the filing date to make sure that, on that
precise date, you qualify for a discharge.
Subsequent to that
date, any debts you incur are new debts. There is an exception, but that will
depend on which state you live in and whether you had any assets at the time of
your bankruptcy filing. You ought to discuss these issues with a bankruptcy attorney
in your area. The first issue you must consider is whether
or not you live in a community
property state. If you do, and if you incurred debts after you filed bankruptcy
and before you were divorced, then you are technically responsible for your wife's
debt. If you do not live in a community property state, then
you aren't liable for her debts unless you helped her establish a joint account.
If you don't recall doing this, ask the bank for a copy of the paperwork that
shows that yes, you actually signed on the dotted line. If you did sign, you're
liable. If you didn't, you're not. However, let's suppose that
you do live in a community property state and your wife incurred debt after your
bankruptcy and prior to your divorce. Sometimes, creditors will not pursue you
(or won't pursue very much) because it can be hard for them to ascertain whether
you have enough assets worth the effort it would take them. Also, the creditor
might not investigate whether you were married at the time the debt was incurred. If
the bank continues to call, don't say anything except, "Please send me copies
of the original documentation used to create this joint account." Don't give
them any information about where you work or where you have other accounts. It
can be hard to deal with an aggressive collector, but you need to stand your ground. Mike,
this is important because, under the law, you cannot refile a Chapter 7 bankruptcy
for eight years (meaning you have four years left). You may be able to file a
Chapter 13. One hopes this is a matter that can be handled by your ex-wife independently.
Where relationship trouble and financial difficulties intersect is a difficult
place -- it's best if everyone is able to keep their own house in order. | 
