My Husband filed w/o me

[yunvmsbutter]

Ok so my husband filed bankruptcy back in 2012 and included a few joint debts I had none on my own. We were living apart when he filed he actually did not even tell me he was filing. Anyway all debts were wiped except for a auto loan. I noticed it was showing up on my credit all of a sudden but shows 0.00 with a note that stated zero balance included in bankruptcy. Well that amount has since changed a total of 5 times going from 0.00 to 1500.00 to 2500.00 to 3700.00 and finally its at 12,500.00. They cannot sue because the statue of limitations is up. But they are sending me letters and calling. I am really confused. When I found out that he filed he told me the attorney told him that I was protected (something about community property) so he did not feel the need to tell me. But since I was joint on the account why didn't the lender contact me. He said he could not reaffirm because I was in another state working. Do I now have to pay the 12,500.00? We are still married but we live Florida now. I did try and contact the bank requesting documents to justify the total they sent me a letter back stating that I need to pay 20.00 for them. That can't be right can it?

[justbroke]

I'm assuming that you lived in an actual community property State when this was filed. The bank probably sold the debt to a third party and it's a third party that is bothering you.

If the debt is beyond the statute of limitations AND the delinquency date on the loan was more than 7 years in the past, then they can not report it to the credit bureau as that debt should have "fallen off."

What happened to the car? Was it actually surrendered?

You may need to speak with a consumer protection attorney or, more than likely, the original attorney.

[yunvmsbutter]

I'm assuming that you lived in an actual community property State when this was filed. The bank probably sold the debt to a third party and it's a third party that is bothering you.

If the debt is beyond the statute of limitations AND the delinquency date on the loan was more than 7 years in the past, then they can not report it to the credit bureau as that debt should have "fallen off."

It was 2012 that the bankruptcy happened he we lived in Arizona at time of his filing.

What happened to the car? Was it actually surrendered?

We had two cars one was reaffirmed because it was solely in his name the other was surrendered.
That was the one we owned jointly. The debt is still owned by the original creditor which is the credit union.

You may need to speak with a consumer protection attorney or, more than likely, the original attorney.

I thought about that I did not want to spend any money as I don't really have it but I may have too.

[yunvmsbutter]

1st date of delinquency is in 2012 bankruptcy was discharged in 2012 as well. 4 years is the statue of limitations in AZ. But it has only been 5 years from the date of delinquency.

[justbroke]

Maybe despritfreya can chime in on this.

[despritfreya]

1. The SOL in Arizona on a contract is six years (not 4);

2. Lender or junk debt buyer has right to sue you since you did not file bk;

3. If you were still living in a community property state (don't think Florida is one) then the "community discharge" would protect you from collection on a judgment since all post marital assets (with a couple of exceptions) are community assets; and

4. While I do not know much about credit reports, it does sound like it is being reported correctly. You have a sole and separate obligation on the loan and since you did not get a discharge for that sole and separate obligation, you still owe the money.

You may want to consider a bk at this time depending upon your overall financial situation.

Hope this helps.

Des.

[yunvmsbutter]

So they can come after me for payment then. I guess I understood it completely different then. I was thinking I was protected as long as we were married and the community property laws go by where the loan originated and BK filing. If that is the case would not the SOL go by the state that I currently reside in then. How can they pick and choose which state laws they will abide by? That seems a bit off.

[yunvmsbutter]

I also when someone files a BK there are no laws to protect that other person like are they suppose to inform you to see if you wanted the vehicle since rightfully you do have ownership in it. I did not find out about the BK until well after the fact. They sent me nothing.

[despritfreya]

You are not understanding.

The contract was entered into in Arizona. Unless the contract has an election of laws provision, it is interpreted under Arizona law. Arizona has a 6 year SOL for collections. Arizona further describes marital assets as "community" so long as you are married, reside in Arizona, and have not disavowed community property protections.

Whether or not your assets are "community" is based upon the laws of the state where you reside. This has nothing to do with the terms of the contract. Since you no longer reside in a community property state your assets (such as wages) are not "community".

You did not file bk. You did not discharge your personal (sole and separate) liability. You can be sued. In a community property state your "sole and separate" property would be at risk. The "community discharge" protects the marital community only. Even in Arizona, it does not protect all property. Had you remained in this State and became entitled to an inheritance (for example) that asset, being outside of "community property" could be used to satisfy a judgment against you.

Unless Florida is a community property state, you no longer live in one therefore assets acquired after you left Arizona are not "community" and would be subject to execution if a creditor sues and obtains a judgment against you - unless some Florida exemption protects the asset.

Hope this is clearer now.

Des.