vjump1 Posted November 30, 2003 Report Share Posted November 30, 2003 I have a couple questions regarding my ex's bankruptcy that was filed when we were still married. He filed, I did not, but some accounts that were listed were joint. It was filed 4/16/90 and Discharged/Completed 3/22/96.Am I still responsible for the joint ones even though they were discharged?Most are not on my CR at this time, but some are. Could I have them removed stating the SOL expired since they are over 7 years since last date of payment?Also, can two reports be generated on your CR for the same thing. One for the original creditor and one for their branch of collections?Any help would be appreciated...it's been a long time waiting for things to clear.vjump1 Link to comment Share on other sites More sharing options...
LadynRed Posted December 1, 2003 Report Share Posted December 1, 2003 The SOL in this case would have been tolled during the term of the CH 13, however, nothing from 1996 should be on your CR at all unless it had a DOLA of Dec 1996. If everything was prior to that and its still on, dispute it as obsolete.Oh.. and yes, you would still be liable if the debt was joint, but most state SOL's have run out as well, so it uncollectable even if they did crawl out from under some rock. Link to comment Share on other sites More sharing options...
vjump1 Posted December 2, 2003 Author Report Share Posted December 2, 2003 Thanks LadynRed,I thought they would be considered too old to collect on, but wanted to verify since I wasn't the one to file bankruptcy. Guess I have some work to do, I'll start sending letters to the CRA right away.Regarding the question of two entries on the same CR (non-BK related) for the same item, one from the OC and one from the OC branch of collections. Are they allowed to have it listed twice with different DOLA's? Or should I post this in another area?Thanks for all your help,Vjump1 Link to comment Share on other sites More sharing options...
momof5 Posted December 2, 2003 Report Share Posted December 2, 2003 The DOLA in IIB accounts is the date of the filing of the BK...not the discharge. In addition, there is a provision in 11USC that provides for protection of the spouse when one spouse files individually. When I filed my BK13, I didn't want *his* creditors coming after me, so I included ALL of HIS bills too. Unwittingly, I prevented his creditors from collecting against him!!! Link to comment Share on other sites More sharing options...
vjump1 Posted December 2, 2003 Author Report Share Posted December 2, 2003 Thanks momof5,I didn't know that. What is 11USC?I should be all set considering the lenght of time that has elapsed. It's funny that he filed and was able to get brand new sports cars and houses on islands after the BK while I couln't even refinance my auto loan through my current bank due to his lack of money management and how it affected my credit. That's all behind me now, I waited out the time. Now I want to get everything cleared off with a new start and new marriage. We want to have all traces of my ex gone!Thanks,vjump1 Link to comment Share on other sites More sharing options...
LadynRed Posted December 3, 2003 Report Share Posted December 3, 2003 11USC is the Bankruptcy Code. Link to comment Share on other sites More sharing options...
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