Will my roommates bankruptcy affect me? 29 Answers as of June 19, 2013

My roommate and I were evicted. She is filing for bankruptcy. Can that debt be discharged? How will that affect me?

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Breckenridge and Walton
Breckenridge and Walton | Alan D. Walton
If you were on the lease then you will be solely responsible to pay.
Answer Applies to: Michigan
Replied: 10/14/2011
Bird & VanDyke, Inc.
Bird & VanDyke, Inc. | David VanDyke
Another person's bankruptcy filing will not affect you. His or her debts will be discharged and yours will not.
Answer Applies to: California
Replied: 10/28/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
A roommate's bankruptcy does not affect your financial situation. You still owe your own debts even if the roommate's debts are discharged.
Answer Applies to: California
Replied: 10/5/2011
Law Office of John C. Farrell, Jr.
Law Office of John C. Farrell, Jr. | John C. Farrell, Jr.
Your roommates bankruptcy has no impact on you. Your credit history and debts are separate.
Answer Applies to: Massachusetts
Replied: 10/5/2011
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
Someone else's bankruptcy does not affect you simply because you were roommates. Bankruptcy discharges broken leases.
Answer Applies to: Indiana
Replied: 10/5/2011
    Attorney at Law
    Attorney at Law | Douglas W. Harold, Jr.
    Your roommate's debt should be fully dischargeable unless there were some deliberate damages to the premises before she left - in that case, the landlord may be able to get the bankruptcy court to rule that that portion of the debt is not dischargeable. Assuming that the debt is discharged, then the landlord has to leave your roommate alone and cannot try to get any money from her.However, the landlord will probably then go after you, because you will still be responsible for the unpaid rent (if you were also on the lease with your roommate).
    Answer Applies to: Virginia
    Replied: 10/5/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    If you owe rent together, you will be affected. Since they cannot come after her, you can expect a lawsuit, garnishment, etc. unless you also file.
    Answer Applies to: Georgia
    Replied: 10/5/2011
    Stuart Jon Bierman  Attorney at Law
    Stuart Jon Bierman Attorney at Law | Stuart Jon Bierman
    Most likely, any debt owed to the landlord can be discharged. It might have an effect on you in that since the landlord will not be able to collect against her the landlord will have no choice but to try to obtain the entire amount owed from you. Also, if you are compelled to pay the landlord you would be barred from trying to obtain reimbursement from your roommate.
    Answer Applies to: New Jersey
    Replied: 10/5/2011
    Caruso & Diaz L.L.C.
    Caruso & Diaz L.L.C. | Natalia Diaz
    I'm assuming that your roommate is the one that sign the lease and you are not in the lease, if you are part of the lease then you are liable for the rent moneys owed. Your roommates bankruptcy has no effect on you.
    Answer Applies to: New Jersey
    Replied: 10/5/2011
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    It should not affect you in regards to your roomate filing.
    Answer Applies to: Florida
    Replied: 6/19/2013
    Law Offices of Lady Justice
    Law Offices of Lady Justice | Mona Patel Esq.
    You're roommate's bankruptcy shouldn't affect you unless your roommate owes money to you, in which case she or he can add you as a creditor and discharge the debt owed to you.
    Answer Applies to: California
    Replied: 10/5/2011
    Heupel Law
    Heupel Law | Kevin Heupel
    Your roommate can discharge her obligation to pay the lease through her bankruptcy but not your obligation to pay assuming you signed the lease. If you did sign the lease then you will be responsible to the payment of the outstanding amount due to the landlord.
    Answer Applies to: Colorado
    Replied: 10/5/2011
    Joseph Lehn, Esq
    Joseph Lehn, Esq | Lehn Law, PA
    A bankruptcy will discharge her obligation in regards to the lease. If you also signed the lease, you be responsible for the balance despite her filing bankruptcy.
    Answer Applies to: Florida
    Replied: 10/5/2011
    Law Offices of James Wingfield
    Law Offices of James Wingfield | James Wingfield
    If you're roommate files for bankruptcy, the outstanding debt that she owes to the landlord will likely be discharged in her bankruptcy. However, it is important to understand that if you were on the lease (or other rental agreement or if the judgment for possession entered against you as well as your roommate and included damages for past due rent), you will still owe all of the past due rent even after your roommate receives her discharge in bankruptcy.
    Answer Applies to: Massachusetts
    Replied: 10/5/2011
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    If you signed the lease, you may have signed to be responsible for the entire amount and not "just your half." In that case her filing will make you responsible for the entire amount.
    Answer Applies to: Michigan
    Replied: 10/5/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    If both are liable on the debt, you will still remain liable. The bankruptcy will discharge the debt to your roommate. Because you were on the lease, you will remain liable on the debt.
    Answer Applies to: California
    Replied: 10/5/2011
    Law Office of Harry L Styron
    Law Office of Harry L Styron | Harry L Styron
    Presumably the debt is for unpaid rent, although you did not say so. Whoever is on the rental agreement will be liable. If she files for bankruptcy alone and you are on the agreement she will be discharged and you will still be liable.
    Answer Applies to: California
    Replied: 10/5/2011
    Law Offices of Robert P. Taylor
    Law Offices of Robert P. Taylor | Robert P. Taylor
    If both you and your roommate were on the lease or there is a judgment against both of you, you will be responsible for the entire obligation. This is if your roommate receives a discharge. I'm sure this was not what you wanted to hear. Sorry.
    Answer Applies to: California
    Replied: 10/5/2011
    Law Offices of Sheryl S. Graf
    Law Offices of Sheryl S. Graf | Sheryl S. Graf
    Although your roommate's obligation to pay his/her debts may be discharged in a bankruptcy proceeding, that does not wipe out your separate obligation to pay a debt held jointly with the roommate. You should consult with an attorney who specializes in landlord/tenant law to review your lease and eviction documents and to determine what, if any, obligation you may have for unpaid rent.
    Answer Applies to: California
    Replied: 10/5/2011
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    Her BK doesn't effect you, but you can be liable for the rent.
    Answer Applies to: California
    Replied: 10/5/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    By filing bankruptcy she can be discharged from that debt. If you were on the rental agreement you would still be liable for the entire balance as the bankruptcy only affects her liability and not everyone on the rental agreement.
    Answer Applies to: California
    Replied: 10/5/2011
    Law Office of Xochitl Anita Quezada
    Law Office of Xochitl Anita Quezada | Xochitl Anita Quezada
    Her debt will be discharged. Unfortunately, you will still be responsible for the debt.
    Answer Applies to: California
    Replied: 10/5/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    If you were on the lease the eviction will show on your record, her bankruptcy will not.
    Answer Applies to: California
    Replied: 10/5/2011
    Uriarte & Wood, Attorneys at Law
    Uriarte & Wood, Attorneys at Law | Robert G. Uriarte
    The debt will be discharged as to her. If you also signed on the lease, the landlord may go after you. However if you did not sign the lease the debt as to your room mate will be discharged and you need not worry.
    Answer Applies to: California
    Replied: 10/5/2011
    Weig Law Firm, LLC
    Weig Law Firm, LLC | Paul H. Weig
    The landlord will now come after you for all of the back rent and whatever else he thinks is owed. If you were both on the lease, you were jointly and severally liable, meaning the creditor can collect 100% of the debt from either one of you. She is being relieved of the obligation to the landlord by the bankruptcy court, so you will be the only one left to collect from. If you do pay you may have a claim for indemnification, or contribution against the roommate. It is complicated as to whether the bankruptcy relieves her of liability to you, and you'd need to consult an attorney to be sure it didn't. More to the point, she's bankrupt, how would you collect from her?
    Answer Applies to: Minnesota
    Replied: 10/5/2011
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    If you are both on the lease, then you are just as responsible as she is. So her filing bankruptcy will discharge her debt but not yours.
    Answer Applies to: New York
    Replied: 10/5/2011
    Engberg Law Office
    Engberg Law Office | Harry A. Engberg
    The rent debt can be discharged by her in bankruptcy. This action may caused the landlord to come after you for the rent.
    Answer Applies to: South Dakota
    Replied: 10/5/2011
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