If you have a bill and two peoples name are on it and one file for bankruptcy is the other person liable?
Asked on Feb 27th, 2013 on Bankruptcy - South Dakota
More details to this question:
I had a car accident and didnt have the right insurance but the vehicle wasnt it my name it was in my brother in laws name. They are coming after me but his name is on it. So if i file are they going to go after him?
Filing bankruptcy only eliminates the obligations of the party filing bankruptcy. It does not alter the obligations of anyone else. So, if your brother-in-law was obligated on the debt before you file bankruptcy, then he will be liable on it afterwards.
In a Chapter 13 case only, creditors would be prohibited from trying to collect from your brother-in-law due to what is known as the "co-debtor stay" during the time you're in the Chapter 13 case, but would be free to collect from him pursuant to the laws of whatever state controls after your Chapter 13 case is completed (if you did not pay 100% through the Chapter 13).
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.
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