Legal Question in Bankruptcy in Florida
I file bankruptcy last year. One of the credit cards included was a joint with my son. The credit card is now calling my son for payment. If that debt was included in my case- does he have to pay the card debt now?
2 Answers from Attorneys
Yes, unless you filed a Chapter 13 and are in the process of paying the debt yourself.
If you filed a Chapter 7 case and got a discharge, that discharge only operates as an injunction against anyone trying to collect from "the debtor" on the debt. The debt didn't go away, but the discharge prevents the creditor fom trying to collect from you, as the debtor.
I would make sure that your son is actually liable on the debt, and demand proof of that before he makes any payment.
Robert Wilcox
(904) 281-0700
Yes. He is a joint debtor. He signed the paper making him responsible if it account was not paid.
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