Warren, OH asked in Bankruptcy and Small Claims for Ohio

Q: Are you legally required to continue paying charges on a credit card if the cardholder files bankruptcy?

I am not a joint card holder. My name is no where on the account. They just helped me out when I was having money issues and I agreed to pay a monthly amount until the balance was paid off. Now, there is no balance and they keep taking my money even though they no longer owe the amount.

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4 Lawyer Answers

Clark Dray

Answered
  • Bankruptcy Lawyer
  • Broomfield, CO

A: I'm sorry, your question it's a little vague so this might not be what you're asking. If you're a joint account holder on the card, your liability isn't discharged by your co-debtor's bankruptcy. This means that they can come after you if you stop paying.

Bruce Alexander Minnick agrees with this answer

Joseph Michael Romano Esq

Answered
  • Bankruptcy Lawyer
  • Cleveland, OH
  • Licensed in Ohio

A: I presume "they" are the card holders and "they" filed a bankruptcy. Is this correct?

Bruce Alexander Minnick agrees with this answer

Kenneth L. Sheppard Jr.

PREMIUM
Answered
  • Bankruptcy Lawyer
  • Hilliard, OH
  • Licensed in Ohio

A: I think an issue arises in their bankruptcy that they needed to have reported you as someone who owes them money or property. Their bankruptcy trustee would have an interest in the money you owe them. It appears you have some form of a contract with the debtor(s). The credit card creditor has a relationship with the debtor(s) and your contract may be predicated upon that relationship. In any event, a bankruptcy trustee should be aware of your relationship with the debtor(s).

Bruce Alexander Minnick and Timothy Denison agree with this answer

A: Contact whoever "they" are and complain about this problem to them. Meantime, if "they" are taking money out of a bank account owned by you why not consider closing the account and opening another one--in a different bank? Caution: Do NOT try this trick unless you are ready to prove in a court of law that you do not owe the bankrupt debtor ANY more money. (Explanation: Just because the debtors card has been repaid does NOT mean you are off the hook for whatever amount you "borrowed" from the debtor.)

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