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My roommate and I were evicted. She is filing for bankruptcy. Can that debt be discharged? How will that affect me?
11 ANSWERS
If you were on the lease then you will be solely responsible to pay.
Answered on Oct 14th, 2011 at 2:33 AM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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A roommate's bankruptcy does not affect your financial situation. You still owe your own debts even if the roommate's debts are discharged.
Answered on Oct 05th, 2011 at 5:44 PM
Someone else's bankruptcy does not affect you simply because you were roommates. Bankruptcy discharges broken leases.
Answered on Oct 05th, 2011 at 2:25 PM
Glen Edward Ashman
If you owe rent together, you will be affected. Since they cannot come after her, you can expect a lawsuit, garnishment, etc. unless you also file.
Answered on Oct 05th, 2011 at 1:46 PM
Family Law Attorney serving Hackensack, NJ
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The Law Offices of Stuart Jon Bierman
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Most likely, any debt owed to the landlord can be discharged. It might have an effect on you in that since the landlord will not be able to collect against her the landlord will have no choice but to try to obtain the entire amount owed from you. Also, if you are compelled to pay the landlord you would be barred from trying to obtain reimbursement from your roommate.
Answered on Oct 05th, 2011 at 1:32 PM
Bankruptcy Attorney serving Victorville, CA
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Law Offices of Lady Justice
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You're roommate's bankruptcy shouldn't affect you unless your roommate owes money to you, in which case she or he can add you as a creditor and discharge the debt owed to you.
Answered on Oct 05th, 2011 at 1:01 PM
Consumer Bankruptcy Attorney serving Worcester, MA
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Law Offices of James Wingfield
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If you're roommate files for bankruptcy, the outstanding debt that she owes to the landlord will likely be discharged in her bankruptcy. However, it is important to understand that if you were on the lease (or other rental agreement or if the judgment for possession entered against you as well as your roommate and included damages for past due rent), you will still owe all of the past due rent even after your roommate receives her discharge in bankruptcy.
Answered on Oct 05th, 2011 at 2:31 AM
judith runyon
Her BK doesn't effect you, but you can be liable for the rent.
Answered on Oct 05th, 2011 at 2:27 AM
Family Law Attorney serving El Cajon, CA
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Law Offices of Sheryl S. Graf
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Although your roommate's obligation to pay his/her debts may be discharged in a bankruptcy proceeding, that does not wipe out your separate obligation to pay a debt held jointly with the roommate. You should consult with an attorney who specializes in landlord/tenant law to review your lease and eviction documents and to determine what, if any, obligation you may have for unpaid rent.
Answered on Oct 05th, 2011 at 2:26 AM
Chapter 7 Bankruptcy Attorney serving Huntington Beach, CA
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Law Offices of Robert Parkinson Taylor
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If both you and your roommate were on the lease or there is a judgment against both of you, you will be responsible for the entire obligation. This is if your roommate receives a discharge. I'm sure this was not what you wanted to hear. Sorry.
Answered on Oct 05th, 2011 at 2:26 AM
Family Law Attorney serving Indio, CA
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Law Office of Xochitl A. Quezada
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Her debt will be discharged. Unfortunately, you will still be responsible for the debt.
Answered on Oct 05th, 2011 at 2:22 AM