Legal Question in Bankruptcy in California

I have a checking account overdraft account that I filed chapter 7 against, which my mother's name is on and now the bank says she is responsible for paying it since she is a co-signer. Is this true or is it not supposed to be wiped clean when discharged?


Asked on 4/08/10, 1:41 pm

3 Answers from Attorneys
Mark Saltzman, MBA, JD Law Offices of Mark E. Saltzman

A discharge operates only against the debtor - not a co-signor. If your mother is jointly liable with you on the account, your bankruptcy discharge did not change anything for your mother.

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Answered on 4/13/10, 1:47 pm
Madan Ahluwalia Ahluwalia Law P C

Co-signor remain obligated for the debt. If she was joint account holder, she is liable.

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Answered on 4/13/10, 2:04 pm
Carl Starrett Law Offices of Carl H. Starrett II

I concur with Mr. Saltzman. Your bankruptcy does not impact the potential liability of your mother for this purported debt.

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Answered on 4/13/10, 2:59 pm


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