Legal Question in Bankruptcy in California

I must declare bankruptcy and some of my credit cards have my boyfriends name as a signer.

Would he be libel when I file since he could sign on them, or since he's not the primary card holder would it not affect him?


Asked on 1/09/12, 11:01 am

2 Answer from Attorneys

Asaph Abrams Law Office of Asaph Abrams

If he's a guarantor/responsible party on the account (in other words a co-debtor) as opposed to a mere authorized user, then he would be liable on the debt notwithstanding your bankruptcy. If it's unclear whether he IS a codebtor, you may want to contact the respective creditors directly and ask them. Even if he's an authorized user and not liable on the accounts, he may still suffer negative credit reporting. If authorized usage is not bettering one's credit, it's best not to be on the related account. In assessing the risk of a nondischargeability claim by a creditor (i.e. objection to discharge), you would want to examine the nature of your boyfriend's use of the credit accounts.

This answer (by San Diego bankruptcy attorney, Asaph Abrams) doesn�t address all facts & implications of the question; it�s general info, not legal advice to be relied upon. It creates no attorney-client relationship; it may be pertinent to CA and/or its Southern District Bankruptcy Court only, and it�s independent of other answers. Hire legal counsel before acting or refraining from bankruptcy/legal action.

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Answered on 1/09/12, 11:30 am


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