Expert: Terry Leeders - 2/18/2009

Question
I am hoping you can help me...I am looking for guidance.
I have just finished a divorce after 13 years of marriage with it finalized in Oct. 2008.  We have two minor children.  Joint legal custody with physical with me.  He pays me child support through wage deduction.  

The ex had a full-time job as well as a side business.  The terms of the divorce were that he would take all the assets of the business AND all the debts of the business.  The business debt was spread among two credit cards totaling approximately $40,000.  My name was on one of the credit cards with a balance of $23,000.  He was supposed to remove me from that card.  I am not quite sure I ever received confirmation of that.  Yet when I called the credit card company back in Nov/Dec, they said I did not have authorization anymore.  I assumed I was off.  I sent for a credit report at end of Dec 2008.  The debt was still listed as active.  Normally on other items, the report showed "CLOSED".  I was thinking that it just takes time for the bureaus to update records.

Now Jan. 27, 2009, my ex files for chapter 7 bankruptcy.  I received a "creditors" letter.  What do I need to do with this?  The only thing he owes me is child support at this point, which I don't believe he can be excused from.  But I am concerned if I am still on that one credit card...I have just sent for another credit report.  I hope I get it in time for the March 5th creditors meeting.  Do I need to appear?  Do I need a bankruptcy attorney to be sure I do not get stuck with that debt?  Should I go back and see my divorce attorney?  How do I get a list of what he claims is his debts?  Can you please offer me advice?  I am in northern Illinois.

Answer
As a party to the case, you can request copies of the petition and tax returns from the debtor, contact his lawyer.  Child support is nondischargeable, so you don't have to worry there, you are just entitled to notice in the case under the bankruptcy code.  If a joint card is coming after you once he is discharged, then you can bring him back to divorce court to enforce your divorce decree.