Bankruptcy after divorce..when my ex doesn't file

[amber78]

My ex put us into huge amounts of credit card debt.  Some of the accounts are mine, some are his, and some that we have are joint accounts.  Right now I am in the midst of the divorce.  I went to talk to a bankruptcy lawyer and she indicated to me that even after the divorce and after I file bankruptcy.. my ex could take me to court for contempt.  I am in Wisconsin (a equal property state) and if I am understanding it correctly, if the judge divides our bills and orders me my half, if I don’t pay because I file bankruptcy, the creditors could go after my ex.  My ex could then take me into court for contempt and the judge could still order me to pay, plus give me penalties, etc.  I make only 36k a year. My ex makes around 95k… but I guess none of that matters.. everything is divided equally in Wisconsin.  I want to file a chapter 7.. and I was told that I qualify (income wise) to do that.  The b. lawyer also suggested I attempt to try and get the bills that are only in my name and HOPEFULLY my ex doesn’t take me back to court once the collectors come after him.

I guess my question is… has anyone of you delt with this? Is there something that can be written in the divorce court order which would allow me to file for bankruptcy without the fear of getting hauled into court for contempt?  If I do have to go to court for contempt…does that put the debt back on my credit report?  I am so confused and not sure what I should do.

As a side note.. .my ex REFUSES to file bankruptcy.. and I do have a lawyer for the divorce but she has been virtually no help in this matter.. and getting a new lawyer is not an option.

[DrJim]

Unfortunately nothing the divorce decree says has any authority over the other contracts you have made.  If your ex's name is on the contract they will come after him regardless of what the decree says, and vice versa.  All you can do is get one another off the accounts, if the creditor will let you do that.