QUESTION
Can my fiancee include my discover card in his bankruptcy even though he is only an authorized user? Will this affect my credit very much?
Asked on Mar 16th, 2013 on Bankruptcy - Montana
More details to this question:
I have a $1700 limit discover card that is maxed out. My fiancee is an authorized user and is filing bankruptcy. Can he include this card in his bankruptcy? If so, will this affect my credit very badly? We are not yet married, nor are we domestic partners, nor do we have a common law marriage. Technically speaking, we are simply boyfriend and girlfriend- as far as it looks on paper.
1 ANSWER
Bankruptcy Attorney serving Burbank, CA
Partner at
Law Office of Mark J. Markus
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3 Awards
If you signed the cardholder agreement, and your fiancee is merely an authorized user, then you are (pursuant to applicable state law) 100% liable for the debts on that card. Your fiancee may owe YOU for the money he charged on your card and he may also owe discover card for the charges he made and signed for. But none of that changes YOUR liability.
If he files a bankruptcy case, and receives a discharge of his debts, it will do just that: discharge HIS obligation to pay on his debts. You will remain liable for any debts you were liable for prior to that.
Mark Markus has been practicing exclusively bankruptcy law in California since 1991. He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization, AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.
Answered on Mar 17th, 2013 at 7:28 PM