Am I responsible for the debts of my unemployed, bankrupt, tax-dependent, adult son? 12 Answers as of March 22, 2016

My unemployed adult son, who lives with me, has no earned income and is listed as a dependent on my tax return. If/when he qualifies for Chapter 7 bankruptcy, will I have any liability for his pre-existing debts?

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Ronald K. Nims LLC | Ronald K. Nims
The only way you'll have liability on the debts of your adult child is if you co-signed on the credit application, or hospital admission papers etc. Generally, one person is never responsible for another person's debts UNLESS they signed that they would be responsible. The exception to this rule is that married people are responsible for their spouse's debt in some circumstances - like medical, food and shelter debts.
Answer Applies to: Ohio
Replied: 3/22/2016
Stephens Gourley & Bywater | David A. Stephens
You are not responsible for his debts unless you cosigned or guaranteed them.
Answer Applies to: Nevada
Replied: 3/22/2016
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
NO! rest easy.
Answer Applies to: California
Replied: 3/21/2016
Philip R. Boardman, Attorney at Law
Philip R. Boardman, Attorney at Law | Phil Boardman
No. You are not liable for others debts unless you are a co-borrower or co-signer on those debts.
Answer Applies to: Virginia
Replied: 3/21/2016
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Not typically, but I can only hazard a legal guess since I don't have much information. Make sure your son uses an experienced BK lawyer. They can answer all these questions.
Answer Applies to: Colorado
Replied: 3/21/2016
    Danville Law Group | Scott Jordan
    No, unless you personally guaranteed any of them.
    Answer Applies to: California
    Replied: 3/21/2016
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Unless you were a co-debtor or co-signer on the debts, then you would not be liable for his personal debts. However, the total household income would be considered in the means testing to determine if he could qualify for Chapter 7.
    Answer Applies to: California
    Replied: 3/21/2016
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    You only have responsibility to pay the debts of a child that is a minor or if you co-signed the debts. So based on what you have disclosed, you would not be responsible for paying your son?s debts should he file bankruptcy.
    Answer Applies to: Nevada
    Replied: 3/21/2016
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Most likely not. However, if you have been appointed his guardian by a court, there is a chance of a creditor trying to impose liability on you. Similarly if you guaranteed or co-signed any of his obligations. You would do well to retain a lawyer who can advise and represent you, or your son. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 3/21/2016
    Patrick W. Currin, Attorney at Law | Patrick Currin
    None if acquired as an adult.
    Answer Applies to: California
    Replied: 3/21/2016
    Stittleburg Law Office
    Stittleburg Law Office | Bernd Stittleburg
    As long as you did not co-sign on any of his debts, they are his not yours.
    Answer Applies to: Georgia
    Replied: 3/21/2016
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