What will happen to my co-debtor of my account after I file for bankruptcy? 21 Answers as of February 05, 2011

I have filed bankruptcy and named an account that I share with my mother. She has the main account and I am a co-debtor. They say that she is the one liable for the charges. Will she still owe the debt after the bankruptcy?

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Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
Yes, she will still owe the debt.
Answer Applies to: California
Replied: 2/5/2011
Bankruptcy Law Center
Bankruptcy Law Center | Bill Zurinskas
Yes. Your mother will still owe the debt. A chapter 7 bankruptcy only protects the debtor, not the co-debtor. The result may be different if you elected to protect the co-signor in a chapter 13.
Answer Applies to: Colorado
Replied: 2/1/2011
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
They will go after the co-debtor to collect the money.
Answer Applies to: Tennessee
Replied: 2/1/2011
Stuart Jon Bierman  Attorney at Law
Stuart Jon Bierman Attorney at Law | Stuart Jon Bierman
Yes, usually a co-debtor who does not file for bankruptcy will remain liable for payment of the account after you file for bankruptcy. The creditor usually can no longer collect from you but they can collect from a co-signor, surety, etc.
Answer Applies to: New Jersey
Replied: 2/1/2011
Greifendorff Law Offices, PC
Greifendorff Law Offices, PC | Christine Wilton
Yes, the co-debtor will remain liable after your bankruptcy.
Answer Applies to: California
Replied: 2/1/2011
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    Yes.
    Answer Applies to: California
    Replied: 1/31/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Your mother will be left holding the bag for the debt and the creditors can continue to collect from her and sue her if she does not pay. Your bankruptcy filing does not protect your mother nor discharges her obligation to pay the debt. This assumes that you filed a Chapter 7. Chapter 13 is different in that the automatic stay applies the co-debtor although that does not mean the debt would be erased unless you pay it in the Chapter 13 Plan.
    Answer Applies to: California
    Replied: 1/31/2011
    The Law Office of Brian Nomi
    The Law Office of Brian Nomi | Brian H. Nomi
    Your co-debtor will be responsible for the full amount of the account, if you file for bankruptcy.
    Answer Applies to: California
    Replied: 1/31/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    If your mother does not file for BK, she will still responsible for the debt (even if you file BK). Your BK does not erase the debt against your mother.
    Answer Applies to: California
    Replied: 1/31/2011
    The Orantes Law Firm
    The Orantes Law Firm | Giovanni Orantes
    The short answer is that she will remain liable, unless you file a Chapter 13 case, which has a co-debtor stay feature. Creditors may be able to get around it, but they seldom want to spend the money on a lawyer to do that. e, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.
    Answer Applies to: California
    Replied: 1/31/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    The co-debtor will owe the money and the creditor will go after them for payment.
    Answer Applies to: California
    Replied: 1/31/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    Of course she will. If one person filing bankruptcy could affect the liability of debts of others, there would have been no need for bankruptcy laws after the first person filed and received their discharge back in the 1700s.
    Answer Applies to: California
    Replied: 1/31/2011
    The Pedigo Law Corporation
    The Pedigo Law Corporation | Brian T. Pedigo, Esq.
    If your mother had personal liability on the account, your bankruptcy will have no effect on that liability.
    Answer Applies to: California
    Replied: 1/31/2011
    High Desert Bankruptcy Center
    High Desert Bankruptcy Center | Stephen Brittain
    You asked regarding the liability of a co-debtor on a credit card. Now.....you and momma are both responsible. After the bankruptcy only Momma is responsible. Only YOU filed bankruptcy...not Momma....therefore only YOU are discharged.
    Answer Applies to: California
    Replied: 1/31/2011
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