Is this legal?

[davio2shoes]

What is the name of your state? WV
My wife and I are in the process of filing a chapter 7.
When she divorced her ex the house was by the divorce decree left in both names until the last child graduates.
She left the gas and electricity in His name.
Around a year ago I tried to have the name on the accounts changed to mine or just my wifes. So we could both pay the bill easier, and So I would be able to talk to the company without posing as the ex.
The company told us until the accounts were caught up in full the names couldnt be changed.
2 days ago a friend told me and I confirmed with the companies that we CAN change the account names.
I sign up for a new account in MY name and accept the debt owed in the ex's name. Thus that debt gets added to the new account.
Which is only fair as its US not the ex who has run up the bill.
My question is...the same friend tells me that AFTER setting up this new account and accepting the debt, I could then place the debt under my chapter 7.
My question is two:
A) Is this legal? It seems more then a bit "shifty" to me. It Is our debt..but still...
B) If we did wouldnt the companies contest it? and probably successfully?
I DONT want to do anything illegal, or that will seriously complicate our chapter 7....but on the other hand the entire purpose of filing is to get back on track, and the debt IS ours. Even if the account doesnt say so.
PS no matter what we are NOT sticking the ex with the debt. He may be a jerk, but he is our (my step kids) dad and wont do that to him.
TY in advance.

 

[djohnson]

What kind of debt is it to utility companies? They are pretty much month to month right? Is is loan or fixture filing type debt? Or are you just talking a month or so's worth of electricity? Where the debt came from effects my answer.

 

[davio2shoes]

djohnson

we got majorly behind on the gas and electricity bill.
We are on a payment arrangement of 12 months with the gas. We owe over $800. So thats an extra $70.00 a month on TOP of our normal gas bill.
We owe the electric company around $500. So are paying an extra $50 or so on top of our normal use.

 

[djohnson]

Wow, that must be nice. Here we are still regulated and never do anything like that. So this may vary but since the debt was created in his name I don't think they will let you take his name off completely. Even if they let you be responsible, when you file bankruptcy, it will go back to him. Here (and this is where we may be different) we will not open a new account as long as someone responsible for that debt still owes us money. So I think yur friend may be wrong. Contact the offices and see what they say. What they may mean is you can pay off the debt to the utilities with say a credit card or some other loan or new account, then file on that. If you did that, then it would take away his responsibility.