what to do -- CC refuses to take my spouse's name off from a joint credit card

[FreshStart2009]

I had this credit card that I used for many years. A couple years back, I added my wife as a user of the card. I'm getting ready to file for Ch7. So, I asked CC company to remove my wife's name from the account.

They told me:
Both of us are joint account holders, so we both have to request this in writing. We did. Just got the mail today from them declining the request.
The reason was that my credit score was very poor due to deliquency on several other credit cards.

Question:
1. I thought I added my wife as a user of the card only (to build her credit history). Can I ask them to send me the application form where my wife signed?

2. Is there a way around this? I plan to file Ch.7 by myself.

[justbroke]

1. I thought I added my wife as a user of the card only (to build her credit history). Can I ask them to send me the application form where my wife signed?

Some States, everything is community property so, you may have enjoined your wife anyhow just by obtaining credit. If you obtained this card prior to marriage, you could prove your marriage date (from certificate) and tell them it's a pre-marital debt.

Also, ask them to provide her signature and/or actual proof that she jointly applied for the card. If she never jointly applied, it's not a joint debt (unless you have that community property problem).

My tactic is to always ak them "show me where I signed or executed an Agreement". They usually can't.

(Adding that there is such thing as a hypothetical discharge whereby a non-debtor (non-filing) spouse automatically receives the benefit of the discharge on those debts listed in the petition.)

2. Is there a way around this? I plan to file Ch.7 by myself.

No way around. Is your wife filing too?

[FreshStart2009]

Some States, everything is community property so, you may have enjoined your wife anyhow just by obtaining credit. If you obtained this card prior to marriage, you could prove your marriage date (from certificate) and tell them it's a pre-marital debt.

Also, ask them to provide her signature and/or actual proof that she jointly applied for the card. If she never jointly applied, it's not a joint debt (unless you have that community property problem).

My tactic is to always ak them "show me where I signed or executed an Agreement". They usually can't.

No way around. Is your wife filing too?

I'm in California but my attorney told me as long as the credit cards and mortgages are in my name only, they won't come after my wife after I get Ch7 discharge. Is that correct?

My wife is not filing with me, at least that is what our plan is for now . . .

[justbroke]

I'm in California but my attorney told me as long as the credit cards and mortgages are in my name only, they won't come after my wife after I get Ch7 discharge. Is that correct?

This is the hypothetical discharge. It is supposed to work. Of course, your mileage may vary.