QUESTION
Can I include my daughter & son inlaw's unsecured debts on my bankruptcy if he gave me gave me his account information?
Asked on Feb 28th, 2013 on Bankruptcy - North Carolina
16 ANSWERS
No, unless you co-signed for them.
Answered on Mar 08th, 2013 at 11:50 PM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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No, only debts on which you are obligated can be discharged in bankruptcy. If you co-signed for any of these debts, you should list them.
Answered on Mar 04th, 2013 at 7:53 PM
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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No.
Answered on Mar 01st, 2013 at 11:32 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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You can only include your debt in your bankruptcy, not someone else's.
Answered on Mar 01st, 2013 at 1:51 PM
Are they your debts? When you file bankruptcy, you must list all of your debts and all of your assets. If you are a co-signer on any of the debts, you must list them. If you are not, it won't do any good to list them. You don't owe it now, and you won't owe it after. Your daughter will still owe after, so what would be the point?
Answered on Mar 01st, 2013 at 1:50 PM
Based on the information provided, you may not put your daughter and/or son in law's debt on your bankruptcy unless you were a co-debtor on the debt. If you are on the debt and put the creditor on your bankruptcy, they will still be liable for the debt.
Answered on Mar 01st, 2013 at 6:23 AM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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You can only discharge debts that you are legal obligated to pay. To put someone's debt on your bankruptcy will create havoc for the true borrower, but also be akin to bankruptcy fraud. Please understand that filing bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step.
Answered on Feb 28th, 2013 at 11:28 PM
Bankruptcy Attorney serving Plantation, FL
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Moffa & Breuer, PLLC
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You can and probably should to be safe, but if they are responsible for the account, they will be responsible for paying ALL charges of yours and theirs.
Answered on Feb 28th, 2013 at 11:21 PM
Chapter 13 Bankruptcy Attorney serving Bloomington, MN
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Gregory J. Wald
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If you are also liable for your relatives' debts, you can list those debts and you may be able to discharge your liability for them. However, your relatives would remain liable for the debts unless they filed their own bankruptcy case. If you are not liable for their debts, then you cannot list them.
Answered on Feb 28th, 2013 at 11:21 PM
Chapter 7 Bankruptcy Attorney serving Huntington Beach, CA
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Law Offices of Robert Parkinson Taylor
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No. They would not be dischargeable regardless and if you stated or implied they were your obligations you could be facing a Federal Perjury Charge. Making a false statement on your bankruptcy petition is punishable by 5 years in jail, a $500,000.00 fine or both.
Answered on Feb 28th, 2013 at 11:20 PM
Not unless you owe the debt as a co-signer. Even if you do owe as a co-signer, the family will still be responsible for paying these debts. Nice try at the "fake out" but I doubt it will work. This game could come back to bite.
Answered on Feb 28th, 2013 at 11:20 PM
Deborah F. Bowinski
Only the debts owed by the person filing a bankruptcy case can be discharged. Your daughter and son-in-law can (and maybe should?) file their own joint case to tackle their debt obligations. Only your own debts can and should be listed in your bankruptcy documents.
Answered on Feb 28th, 2013 at 11:16 PM
Bankruptcy Attorney serving Walnut Creek, CA
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Alan E. Ramos Law Offices
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The only debts that will be discharged in your bankruptcy are your debts.
Answered on Feb 28th, 2013 at 11:11 PM
Bankruptcy Law Business Attorney serving Asheville, NC
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Pitts, Hay & Hugenschmidt, PA
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No. He will have file his own case.
Answered on Feb 28th, 2013 at 11:08 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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If you are an authorized user and signator on the card, yes, but it will not wipe out the debt as you are only authorized and they are primary.
Answered on Feb 28th, 2013 at 11:06 PM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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No, you can only discharge your own debts.
Answered on Feb 28th, 2013 at 11:01 PM