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

Asked 6 months ago - 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)

  1. Dwayne M Farnsworth

    Contributor Level 14

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    Answered . 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!

  2. Dorothy G Bunce

    Pro

    Contributor Level 20

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    Answered . 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!

  3. Richard D. Granvold

    Pro

    Contributor Level 18

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    Answered . 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!

  4. Daniel Tam

    Contributor Level 16

    2

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    Answered . 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... more

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