What would happen to my co-debtor of my account after I file for bankruptcy? 17 Answers as of August 28, 2015

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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Ronald K. Nims LLC | Ronald K. Nims
You will no longer be liable for the charges, but your mother will remain liable.
Answer Applies to: Ohio
Replied: 6/15/2015
Portland Bankruptcy Law Group
Portland Bankruptcy Law Group | Christopher J. Kane
If you file a Chapter 7 bankruptcy and receive a discharge, you will be relieved of the liabilty on that account. However, your mother will remain liable and the creditor can pursue her for the debt. If you file Chapter 13, there is a co-debtor stay that will forbid the creditor from pursuing your mother while you are bankruptcy. However, after you receive your discharge she will still remain liable.
Answer Applies to: Oregon
Replied: 6/15/2015
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Yes. She will. That is the purpose of a "co-debtor".
Answer Applies to: California
Replied: 6/12/2015
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
Yes. If you file a Chapter 7 bankruptcy it doesn't discharge the liability that a co-debtor may have. If you filed a Chapter 13 there is a co-debtor stay for consumer debts and if the account is paid under the plan it usually takes care of the co-debtor as well. If you filed a Chapter 7 then there is only a stay as to you. This is a good question to take to a knowledgeable local bankruptcy attorney for an answer in your specific situation.
Answer Applies to: California
Replied: 6/12/2015
Stephens Gourley & Bywater | David A. Stephens
Your bankruptcy discharge will not discharge her and she will still owe the debt she signed for.
Answer Applies to: Nevada
Replied: 6/11/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    She will owe the debt, even before your bankruptcy is completed UNLESS (a) you are filing under Chapter 12, AND (b) your Ch. 13 Plan provides for 100% payment to this creditor. If you are filing Ch. 7, you should probably let your mother know in advance, and agree to repay her. Hiring an experienced bankruptcy lawyer can be very helpful.
    Answer Applies to: Wisconsin
    Replied: 6/11/2015
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    Yes, she will still owe the debt.
    Answer Applies to: Colorado
    Replied: 6/11/2015
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    Yes, your mother will still be responsible for the full account balance. The fact that you filed a bankruptcy case does not protect a co-borrower or co-signer from collection actions.
    Answer Applies to: Colorado
    Replied: 6/11/2015
    Cohen & Kendziorra, P.A.
    Cohen & Kendziorra, P.A. | Robert S. Cohen
    Yes, she will be liable on the account despite you having filed bankruptcy.
    Answer Applies to: Florida
    Replied: 6/11/2015
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    Unfortunately, yes, which is the nature of the beast re co-signing. Your bankruptcy removes YOUR legal liability for the debt. It doesn't discharge her debt, which stays intact. Sorry for the bad news.
    Answer Applies to: California
    Replied: 6/11/2015
    John W. Lee, PC
    John W. Lee, PC | Kim A. Lewis
    Yes she will. Her obligation will not be discharged in your bankruptcy.
    Answer Applies to: Virginia
    Replied: 6/11/2015
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