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If my husband files chapter 13 bankruptcy will items get taking off my credit report?

Cumberland, RI |

we are separated and im paying off my own debt instead of filing bankruptcy the debt on his credit i am an authorized user on some so it shows up on my report no joint accounts that im aware of but if so will they be off my report seeing as they are be filed with bankruptcy he has to file chapter 13 because he makes to much money i only owe 5000. in debt so chose to pay off debt and repair credit.

Attorney Answers 4

Posted

If you presently owe money to a creditor and your husband files Chapter 13 bankruptcy, the debts will NOT automatically be taken off of your credit report. As an authorized user on his credit card, it is a good bet that the lender considers you to be legally responsible for the card as well. This is a highly volatile financial situation. Please get counsel from a local bankruptcy attorney in your area that is not your husband's bankruptcy attorney as well. Good Luck!

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Shaye Larkin

Shaye Larkin

Posted

Excellent response. I completely agree.

Daniel Tam

Daniel Tam

Posted

Great answer.

Posted

Your spouse's chapter 13 will not affect your credit report since you did not file bankruptcy. In any event, bankruptcy does not change truthful credit history, but only stops continued reporting of the debt of the person that filed. Hope this perspective helps!

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Asker

Posted

so if he files chapter 13 will reporting of creditors stop on my credit report if they are included in his bankruptcy

Dorothy G Bunce

Dorothy G Bunce

Posted

Bankruptcy law does not require creditors to stop reporting information about you because of a spouse's bankruptcy, but many creditors will in fact stop reporting because it is convenient for them.

Shaye Larkin

Shaye Larkin

Posted

Excellent response. I completely agree.

Posted

Your credit report ONLY reflects who has reported to them stating YOU owe them money! Some credit card receipts at stores also state whoever signs the receipt is also liable in addition to the card holder by the way! If you are liable then unless he pays off the debts in full..the debts will still be owed by you. However, the community income cannot be enforced against, only your personal separate property pursuant to 11 USC 524(a)(3) assuming you have not filed any bankruptcy in the last 8 years. Once you are divorced, if and when that happens, your income is NOT community income, and probably right now it is not as you are separated. Good Luck. PS Send in writing to any creditors of both of yours you are NOT wanting any future use of the card and want your name taken off immediately..sending by regular and certified mail and keep the receipts!

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3 comments

Shaye Larkin

Shaye Larkin

Posted

Excellent response. I completely agree.

Daniel Tam

Daniel Tam

Posted

Great answer.

James Dwight Smith

James Dwight Smith

Posted

Good Response.

Posted

You've been given some good answers here. I will only address the authorized user accounts. If you are an authorized user only, you would have no personal liability on those accounts, and you can request the credit bureaus to delete these accounts from your credit report. We have counseled clients many times on this exact situation, and the credit bureaus do comply with the consumer's request.

Please note that no attorney-client relationship is created by my answers to questions on the Avvo forum. My responses should not be construed as legal advice, regardless of whether I am admitted to practice in your state or not. I am an attorney in Miami Beach, FL, practicing foreclosure, bankruptcy, credit repair, debt defense, and aviation law. Please consult a lawyer in your state if you seek legal advice.

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1 comment

Shaye Larkin

Shaye Larkin

Posted

Excellent response. I completely agree.

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