Could I include my credit card debt in bankruptcy? 10 Answers as of August 21, 2015

I am considering going bankrupt. This will be the 2nd time in my life so I am reluctant. But I have a large amount of credit card debt and medical debt. Since losing my full time job, I cannot keep up with payments and I also have student loan debt that I cannot default on.

A large portion of my credit card debt is from one credit card. I was an authorized user of the card, but the actual card was originally given to my grandmother. I have incurred debt on this card since her passing three years ago. I want to know if I do decide to file for bankruptcy...A) can I face any legal action for using this card that is in my name but because the credit wasn't originally given to me? And B) can I include this debt in my bankruptcy filing or could I leave it out and continue to pay for it?

I also wonder. I am engaged to be married and am also reluctant to file for bankruptcy because I do not want to hurt my future husband's credit or our future. But, given the large amount of debt I am beginning to wonder if bankruptcy is our only option. Better to do it before getting married or wait and then have to do it later?

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A Fresh Start
A Fresh Start | Dorothy G Bunce
You have two crucial questions was it okay to use the credit card that was taken out by someone else? If you became legally responsible for paying this card, your continued use of the card was fully legal. An easy way to find out would be by checking your credit report. Recent use of credit just before filing bankruptcy can be a problem, so if you have not stopped using these cards, now is the time to stop! As to your marriage, being married to a person who is financially stable may put you in the position of being ineligible to file bankruptcy and requiring your spouse's income to pay for your debts. If you make the decision to file bankruptcy, you should file before you get married rather than afterwards.
Answer Applies to: Nevada
Replied: 8/21/2015
Goldsmith & Guymon
Goldsmith & Guymon | Marjorie Guymon
You must include all debts in your bk. So yes, you can include your credit card debt. While your only an authorized user on the card with your grandmother, the lender should have cancelled the card upon her passing. If she has an estate it will still be liable for payment. There may be legal effects here but unlikely. Your fiance is not liable for your bk filing nor for your debts incurred before marriage. I highly recommend you file bk before you marry, however, because once you are married his income will be drawn into the bankruptcy.
Answer Applies to: Nevada
Replied: 8/21/2015
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
Well it is illegal to use her credit card debt after she died since you are only an authorized user. If you are truly an authorized user then it wont be included in your bankruptcy.
Answer Applies to: New York
Replied: 8/21/2015
Ronald K. Nims LLC | Ronald K. Nims
Generally, a person is not liable on a credit card where they are an authorized signer. However, using a credit card of a deceased person may be considered fraud. In either case, you can't discharge the debt in bankruptcy.
Answer Applies to: Ohio
Replied: 8/21/2015
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Your bankruptcy will not affect your new husband. List the credit card. Hope no one investigates.
Answer Applies to: California
Replied: 8/21/2015
    Danville Law Group | Scott Jordan
    You must include ALL known assets and debts in the bankruptcy schedules. If you are co-signor on the credit card and therefore personally responsible for the debt, you must include it on Schedule F. If you stole your grandmother's identity to obtain credit, you have other problems and need to consult with a criminal attorney immediately. Assuming you have broken no laws, you can continue paying on any debt after you file for bankruptcy, but for the life of me I don't know why you would. As for your fiance, your filing bankruptcy will have no affect on him. Many of my engaged clients file for bankruptcy prior to the wedding to ensure their future spouse is not harmed by the bankruptcy.
    Answer Applies to: California
    Replied: 8/20/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    I would suggest that you speak with the bankruptcy attorney before you take any actions which are not revocable. Generally you are not allowed to file bankruptcy more than once, at least for an extended period of time. Educational loans are generally not dischargeable. There are significant issues with your continuing to use your grandmother's credit card after her death. Given the fact that you're not married to your future husband would not be affected or personally involved in your bankruptcy, if it is possible. Please, see an attorney.
    Answer Applies to: Michigan
    Replied: 8/20/2015
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    Two things. One, you are required to list all debt that you have in a bankruptcy, credit card or medical, etc. You don't get to pick and choose which debts are included, so the credit card debt goes in. Two, for a variety of reasons, you'll want to do this before you get married as opposed to after. This will not harm your future spouse in any way and in fact will be a lot cleaner than doing it after you are married.
    Answer Applies to: California
    Replied: 8/20/2015
    D.J. Rausa, Attorney at Law | D.J. Rausa
    The best thing to do at this juncture is to file a bankruptcy before you get married so your future financial strength will not be affected. As for your student loans, may I suggest contacting an attorney who specializes in student loan law and bankruptcy law.
    Answer Applies to: California
    Replied: 8/20/2015
    Mauritz Van Niekerk, Attorneys at Law
    Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
    Yes that would be no problem doing your credit card debt that is exactly why most people do it.
    Answer Applies to: New York
    Replied: 8/20/2015
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