Would my boyfriend be liable for the debt of my credit cards if I file bankruptcy?
Asked on Jan 09th, 2012 on Bankruptcy - California
More details to this question:
I must file bankruptcy and some of my credit cards I have, my boyfriend could sign on but he is not the primary card holder. Would he be liable for the debt?
Technically, an authorized user is not liable on the credit cards of the primary. However, many cc agreements have in the authorized user form agreement to guarantee the debts. So more than likely, they will try and get the money from him and they may have supporting documents to enforce that collection.
If your boyfriend is just a signor on the card he should not be held liable. You would want to make sure that he is listed as just that in the contract with the card company.
It depends on whether he has signed an application or an agreement on the particular card as to whether he will be obligated to pay after your bankruptcy.
In most cases, if the only connection that your boyfriend has to the account is the ability to sign for them, but the entire account is in your name, then any bankruptcy filing would not affect him in any way. He may only be affected if he used the cards for expenses you did not authorize and you seek to recover the amount spent from him. But in regards to a Bankruptcy filing, if there is no legal or financial relationship between you and your boyfriend, then he will not be impacted by any Bankruptcy filing on your part.
If he is on the credit card contract then he is liable for the debt just like you for the full amount so that if you don't pay then he will be left holding the bag for the entire amount. If his name is on the bill then usually that means he is on the contract. You can call the bank and ask if he is on the contract or just an authorized user. Your credit report might also indicate if he is a joint debtor or an authorized user. If he is just an authorized user of the card then you are the only one liable and bankruptcy will wipe out the debt.
Generally, he will not be liable if he's just an authorized signer. There's a remote possibility that they could try to sue him if the charging pattern on the card suggests he knew you weren't going to pay and he then decided to go on a spending spree.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.