co-signer debt obligation
Bethune, SC
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Posted about 1 year ago in Bankruptcy / Chapter 7
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Mother and daughter had a credit card jointly, and the daughter filed bankruptcy chapter 7 and the credit card debt was included in the bankruptcy. Can the company come back and make her mother pay the amount that was already written off. Her mothers only income is her social securty and small pension.
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Answers (2)Craig Edward Kennedy
This attorney is licensed in Washington.
Posted about 1 year ago.
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Generally, a credit card is the same as any other small loan. And the persons who secure the loan are jointly and severally liable as per their credit card agreements. The particulars of these agreements are company specific and governed by state law as well. And while the discharged party may no longer have any legal liability to repay the debt under the law, other parties that have indicated responsibility for the debt are still exposed to liability for repayment.
Here the mother's only sources of income are ERISA protected. So, as a practical matter, while the mother is still legally liable for the credit card debt, it will be hard for the credit card issuer to do little more than to note the obligation on her credit report. But do remember: if your mother has other unprotected assets, the credit card company could, if they wished, attempt to attach those unprotected assets to satisfy the debt per procedures outlined by state law where the assets are. That's why getting good counsel is important. Shelly Crocker
This attorney is licensed in Washington.
Posted about 1 year ago.
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Only the daughter gets a discharge in the bankruptcy, and so the mother is still liable. Although it is rare these days, credit card companies will sometimes settle or forgive a debt. The mother should at least try to call the company and explain her circumstances. In addition, a reputable credit counseling agency may be able to help - but be careful! Good credit conseling agencies are hard to find.
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