Legal Question in Bankruptcy in Kansas

Eighteen years ago when he was a minor,college freshman, I cosigned for a credit card for my son. He is now having financial problems. If he files for bankrupstcy will I be responsible for his credit card debt?

Asked on 12/18/10, 11:48 am

2 Answers from Attorneys

L. Jed Berliner Berliner Law Firm

You remain responsible for the credit card(s) for which you signed the original agreement(s). Eighteen years is a long time. Perhaps the card issuer lost the agreement - call it, saying that your records are not complete - or perhaps that card was terminated and replaced by one for which you didn't sign.

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Answered on 12/23/10, 12:05 pm
Adam Mack Mack & Associates, LLC

Whether or not you are liable depends on several factors. To give you a good analysis of your possible liability I would need to get more information. For example, does your son still have this credit card? What type of bankruptcy is he thinking of filing (usually chapter 7 or 13)? He would have almost certainly have renewed the card several times in 18 years, did any of these renewals include the signing of a new contract? There are several factors that play into your potential liability. The best way for me to give you a good idea of what you may be dealing with would be to speak with you in a free consultation so that I can gather more information. If you are interested in speaking with me, please call my office at (785)274-9040.

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Answered on 12/23/10, 5:01 pm

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