QUESTION
My wife and her mother co-signed for a Sears Master Card. My wife and I filed a chapter 7 with this Sears debt included. We live in Florida.
Asked on Aug 09th, 2011 on Bankruptcy - Florida
More details to this question:
My mother in law lives in Sacramento and nerver used or had acces to this card. My bankruptcy was dis-charged in January 2011 but several collections comapanies are now coming after my mother in law to collect the debt.. They are getting extremly aggessive and my mother in law is 85. What can I do to assist her and is she obligated for the debt???
2 ANSWERS
William/J Joanis
One of the main things to understand about bankruptcy is that is does not discharge debts, but rather the personal obligation to repay the debt. The debt is "still there." It exists, but you and your wife have been discharged from having to repay it. You could repay it, nothing forbids that, but you can not be asked to repay it and it cannot be enforced against you.
Your mother-in-law, however, did not go through bankruptcy. She was not discharged from her repayment obligation.
You can assist her by having her write to the collection agency and telling them she does not want to be contacted further or you can find a lawyer for her. If a collection agency is informed that she has a lawyer, they are required to direct all further communications to the lawyer.
Answered on Aug 10th, 2011 at 5:50 PM
Personal Injury Attorney serving Orlando, FL
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Unfortunatley she is still obligated regardless if you and your wife filed bankruptcy in Florida. Nevertheless, check and see if she is actually a cosigner or maybe just an authorized user. If mom is just an authorized user, she is not responsible. Is she is a cosigner, the debt still exists against her even though your wife released herself from the liability by filing bankruptcy.
Answered on Aug 10th, 2011 at 5:38 PM