If I used the credit card that is under my dad’s name, they file a petition saying that it's no dischargeable forcing me to pay him back? 3 Answers as of October 08, 2017

I filed a Chapter 13 three years ago in the morning to convert to a Chapter 7 because I have new debt. Most of it's a non-issue, but some of it I am concerned about. During the chapter 13 I had a friend who purchased two vehicles for my family with the understanding that we would pay for those and have them put in our name after the discharge. Also he secured a credit card for us and the understanding there was that it would be for emergencies and if we used it we paid it. I recently lost my job and I'm unable to pay the credit card debt. The credit card is in his name it's not in my name at all. I know I can include it in the chapter 7 because it's not legally my dad. If I can't pay the debt then I can't pay it. It’s not that I don't want to but I really don't have the money that's why I'm filing a Chapter 7. Of course all of this was done without first consulting my attorney for the trustee.

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Ronald K. Nims LLC | Ronald K. Nims
The car and credit card debts were obtained in violation of a court order (your Chapter 13 plan), so they aren't dischargeable. When you decided to violate your plan, you pretty much screwed the pooch as far as bankruptcy is concerned.
Answer Applies to: Ohio
Replied: 10/8/2017
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Well upon converting to 7 you owe the person who obtained the debt for you, that is who you list.
Answer Applies to: California
Replied: 10/6/2017
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Consult the lawyer whom you have hired right away. You are not supposed to incur new debt while you are in bankruptcy, and even more so if you are doing so in a concealed or fishy way. Probably with good work from a good lawyer you can straighten out the mess, but you should apply yourself to it right away.
Answer Applies to: Wisconsin
Replied: 10/6/2017
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