Bankruptcy and Insolvency Act and a joint account Archives - Ira SmithTrustee & Receiver Inc.

I recently met with a widow whose husband passed away deep in debt. Her late husband was very secretive about his finances and his widow only learned of how dire their position was when she became the executrix of his estate. After fending off collection calls relating to the estate, she learned she was liable for some of his debts. Why? Because her husband had applied for joint credit cards on his accounts, in his wife’s name. Needless to say, this woman, who never used the credit cards, was horrified to learn that she was now a senior with credit card debt rendering her insolvent.

It may seem pretty common for spouses to use a joint credit card, but consider the financial ramifications.

• Regardless of who incurs the debt on a co-issued credit card the primary and secondary card holders are jointly and severally liable. This means that the credit card companies view both parties as fully responsible for the entire account balance regardless of who is responsible for the expenses.

• If one card holder declares bankruptcy, the debts are enforceable against the other cardholder(s).

• Even if just one joint account holder acts irresponsibly, both credit ratings suffer. According to Clifton M. O’Neal, senior manager with TransUnion credit reporting, a 90-day delinquency can actually have a greater impact on an innocent party with relatively few accounts and no other credit infractions. The new delinquency may not make as much difference to the culprit’s credit score, if he/she holds other accounts with many more serious problems.

• Even after divorce, credit card companies can still legally collect unpaid balances from either or both joint cardholders. To avoid this problem, joint credit card accounts should be paid off and cancelled early in the separation process. This is also true if one of the ex-spouses starts a proceeding under the Bankruptcy and Insolvency Act and a joint account remains.

Joint credit cards may seem like a good idea for tracking expenses and collecting loyalty points, but they can also be a recipe for financial disaster. If you are experiencing serious financial problems as a result of a joint credit card, don’t delay. Contact Ira Smith Trustee & Receiver Inc. as soon as possible. We can help with your serious debt issues and Starting Over, Starting Now you can live a debt free life.