Whenever you file bankruptcy, you are required to list all your debts regardless of your intentions to repay them or not. Therefore, you must list the home equity loan as a debt and, since it is secured by the home you share with your father, you must state whether you want to keep making the payments or not. If you don't agree to remain responsible for it, the lender has the right to foreclose if the payments fall behind. The language in the promissory note will define what constitutes a default. So, unless your father has the means to pay the loan himself, a bankruptcy is very likely to affect his ability to stay in the house. You should also consider whether you can exempt your interest in the house if you file bankruptcy. Every state has its own "homestead exemptions" but if you cannot fully exempt your interest in the house, the trustee could force you to sell it. In that scenario, I would recommend that both you and your father consider a Chapter 13 bankruptcy which would allow you to pay the trustee the non-exempt value in your home and other assets over a period of 3 to 5 years. A chapter 13 requires a steady source of income from which to make your monthly payments, and could also present an opportunity for you both to rid yourselves of the equity loan. You should seek legal advice if you want to explore the possibilities in a Chapter 13, as it is quite complicated.
Answered on Feb 13th, 2014 at 4:24 AM