Legal Question in Bankruptcy in California

Re: Is this fraud?

Well, it's not fraud because it was an accident, but your dad needs to be informed of what's going on since he is the one who owes the $9,000. Your bankruptcy filing is not going to eliminate that. His credit has already been affected by it and apparently that creditor has not filed suit against your dad yet, so maybe they'll let it go, but your dad needs to get independent legal advice on the issue. There may be a way to get the card changed into your name, but I honestly don't know if that's even a good idea at this point, since you're contemplating filing a bankruptcy. You should list your father as a creditor on your bankruptcy papers for the amount you owe him (i.e. on that credit card). Finally, if any payments have been made on the credit card in question within the last 12 months, you need to list those payments in question 3(b)of the Statement of Financial Affairs and I would recommend (depending on the amounts paid during that period) that you wait to file your case until after 12 months have passed since you last paid on that card. I'm sure your attorney has advised you on all this, but that is my input.