Shepherd, TX Bankruptcy Law Firms & Lawyers

If you are on the credit card, it doesn't matter what your divorce decree says you're liable to the creditor. If your decree obligates your ex-spouse, your only recourse is to sue her on that contract the divorce decree. Bankruptcy, if you qualify, will discharge the debt but leave your obligations under the decree unchanged.

The fate of your vehicle would depend upon the amount of equity that you have in the vehicle. You do not indicate the car's value, so I cannot do the math for you, but in a great many instances a New York resident can exempt up to $16,000.00 equity in a vehicle, due to the generous federal wildcard exemption. You should contact experienced bankruptcy counsel to discuss this matter.

Different variables may effect a different answer (see this San Diego bankruptcy attorney's website for detail), but your situation MAY correspond to this common fact pattern: If you filed a chapter 7 bankruptcy case in 2005 AND received a discharge (successful forgiveness of debt), then you can file another chapter 7 bankruptcy in 2013 (in order to receive a discharge), after it's been 8+ years after the filing date of the first chapter 7 bankruptcy. This answer (by San Diego bankruptcy attorney, Asaph Abrams) doesn't address all facts & implications of the question; it's general info, not legal advice to be relied upon. It creates no attorney-client relationship; it may be pertinent to CA and/or its Southern District Bankruptcy Court only, and it's independent of other answers. It may be time sensitive, as in past the "Use by" date: laws and case law change. Hire legal counsel before acting or refraining from bankruptcy/legal action.