Atlanta, GA asked in Bankruptcy for Georgia

Q: Need to file bankruptcy for credit card debt. I have one credit card that is joint with my husband.

If I remove my name off of joint credit card (with balance) will bankruptcy still affect this card or spouse that is on it? I can't tell my spouse that I am filing bankruptcy. Please help....can't sleep because I am so stressed.

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2 Lawyer Answers
Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY

A: Your husband will receive notice of your bankruptcy filing because he is a codebtor. There is really no way to file and hide it from him. If you file, you will likely be discharged in the credit card debt but your husband will still be liable snd the debt will still be valid as to him.

1 user found this answer helpful

John E. Pytte
John E. Pytte
  • Bankruptcy Lawyer
  • Hinesville, GA
  • Licensed in Georgia

A: The first step is to confirm whether it is truly a joint account or if one of you is just an authorized user. If you didn't both sign the application, or both provide your information in the application, it may well be that one of you is the account holder and the other an authorized user.

An authorized user can be removed from the account.

If the account is really his, and you are an authorized user, you can be removed from the account. In that case, it's not your debt and it would not be included in your chapter case. This may be the best case scenario.

If the account is really yours, and he is an authorized user, you would need to call and have him removed. This can still be a problem, however, because you would need to include the debt in your chapter filing. And if the lender still reports to his credit, even after he has been removed, the account will show up on his report as "included in bankruptcy."

If it turns out to be in fact a joint account, then Mr. Denison's response is 100% correct.

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