It all depends if your partner was an authorized user of the card or if he was actually on the account. If you are simply an authorized user, the debt is all yours and he cannot file bankruptcy against that debt, but he also does not have a duty to pay the debt. If his name is on the account itself, yes he can file bankruptcy on that debt and will no longer be obligated to pay it, it will be all your debt.
I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.
Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.
Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave. Unit 2 Fall River, MA 02723 Office: 888-269-0688 FAX: 877-475-8147
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Answered on Jul 07th, 2014 at 9:33 AM