Legal Question in Bankruptcy in California

rights of a non-filing co-signer

My aunt and I had a joint credit card. She filed bankruptcy after a while - she did not tell me. The bankruptcy remarks are now showing on my credit report and I am being denied credit when I try to apply for one. Is there anything I can do to remove these derogatory since only my aunt filed, not me.

I think she filed a Chapter 7 but am not sure.

If it makes a difference, can you tell me if there is anything I can do whether it be a 7 or 13?

Will my husband's credit be affected by this, too? We have joint accounts as well.

I really appreciate your response.


Asked on 11/28/00, 8:45 pm

2 Answers from Attorneys
Keith Knochel Law Offices of Keith Knochel

Re: rights of a non-filing co-signer

The credit reporting agency can not list bankruptcy on your report since you did not file. However, the creditor can pursue you for the collection of the debt. This will only affect your husband's credit if he was on your aunt's account as well as you.

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Answered on 12/04/00, 11:31 am
Mark Markus Law Office of Mark J. Markus

Re: rights of a non-filing co-signer

Well, you're asking several different questions. First, there should not be a bankruptcy on your credit report if you didn't file, and you have the right to demand that be removed. If you are a co-obligor on the debt and you have not paid it, then the creditor can report that as a delinquent debt. As for filing a bankruptcy, of course you can do that, but that will, of course, affect your credit. Visit my web page at http://www.bklaw.com/ for more information on bankruptcy and let me know if you have any follow up questions.

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Answered on 12/03/00, 7:08 pm


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