Legal Question in Bankruptcy in Georgia
Spouse filing for bankruptcy
My husband is filing for chapter 7 bankruptcy. I am not listed as a co-signer on any of his credit accounts included in this bankruptcy, yet his lawyer has me listed as a ''Co-debtor'' within the paperwork and she states that that is for the purpose to show the household income. I am told that because he is the only one FILING, and i'm not a co-signer on any of the accounts, that even though I am signing as ''Co-debtor'' my credit will not be affected and I am not filing in any way for bankruptcy. I want to be %100 sure of this before my husband files. The credit card companies cannot come after me if I was never on the account Correct?
2 Answers from Attorneys
Re: Spouse filing for bankruptcy
Listing you as a co-debtor does not actually make you a co-debtor or liable for any debts, and your income is likely required for the scedules. You should not need to sign a petition if you are not filing, even if your income is used in calculations. Your husband is signing under penalty of perjury, and that includes the co-debtor section.
Re: Spouse filing for bankruptcy
If you are listed as a co-debtor and sign, you are part of the bankruptcy case and have filed for bankruptcy.