Bankruptcy

Asked about 4 years ago - Luzerne, PA

My ex fiannce claimed bankruptcy and put me down as a creditor and i was never notified now i am being sued for a bill he never paid me for do i have any legal rights and is this public information at the court house?

Attorney answers (3)

  1. David J. Harris

    Contributor Level 8

    Answered . Generally, a co-signer or guarantor may be liable for a loan or debt obligation if the primary borrower files for bankruptcy. The same may hold true for an authorized user or co-user of a credit card.

    The primary borrower’s bankruptcy filing does not result in a discharge of the debt of the co-signer or guarantor.

    There are exceptions, though!

    Please read more from my February Blog Post entitled:
    "Are Co-Signers Or Guarantors Responsible For A Loan Or Debt If The Primary Borrower Files For Bankruptcy." The link is below.

  2. James V. Monaghan

    Contributor Level 14

    Answered . I am not sure what you mean when you say you were named as a creditor. That would mean that he owes money to you and is attempting to discharge the debt that he owes to you. If, on the other hand, he named you as a co-debtor then you would remain responsible for any joint debts. If you are not a co-debtor, the fact that he named you as on in his petition would not change that fact. Basically, if you were both jointly responsible for a debt and he filed bankruptcy individually then you would remain responsible for the debt. If he was solely responsible for the debt then you would not be responsible. Please feel free to contact my office to discuss this further.

  3. Theodore Lyons Araujo

    Pro

    Contributor Level 20

    Answered . His bankruptcy does not affect your liability to creditors. If you have a basis to object to the dischargeability of the debt to you or a third person you have to raise that right away in his bankruptcy. Talk to a bankruptcy lwyer to determine your rights, if any.

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