Should I pay someone for a credit card that she included in her bankruptcy?
My ex-wife wants me to pay her cash for some money she let me borrow from her Credit card,after she just filed bankruptcy. Can she take it to small claims,even though that credit card was included in her bankruptcy?
Xavier posted: 02 Sep at 3:01 pm
She could try to take you to court. Whether or not she is successful depends on some details. Whether she filed bankruptcy or not does not relieve a debtor (in this case that is you) from paying her back. However, since this is a personal debt it becomes a lot harder to litigate. It will come down to your word against hers and how you both are perceived by the judge. On your side of the argument, if her debt to the credit card company has been released, and she no longer has to pay it back, then it will be harder for her to claim that you owe her the money and she needs it to settle her debts. A potential problem is that she can say that you were a contributing factor to her needing to file bankruptcy.
The biggest risk in all of this is If you have the cash and she knows it. If that is the case, she has nothing to lose, but you do.