Legal Question in Bankruptcy in Illinois

I live in Illinois. I have a Citibank credit card with an authorized user on it (ex-spouse residing in Florida). The outstanding balance consists of charges made by myself and the authorized user. I am considering filing bankruptcy. If I do file can Citibank try to collect the balance on the card from the authorized user? Can they hurt his credit if he is not willing to pay the balance on the card?


Asked on 2/05/13, 11:40 am

2 Answers from Attorneys

George Ellis The Ellis Law Firm

Though Citibank might try to collect from your ex, he is not legally liable for any amounts owing on the card. If they do contact him, he should ask to speak to a supervisor and explain to that person that he is only an "authorized user" on the account and not the account holder.

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Answered on 2/05/13, 1:00 pm
Henry Repay Law Offices of Henry Repay

Be certain that he is an authorized user. Your credit report should provide a good starting point. Provided he is only an authorized user, he should not have any responsibility. Should the creditor initiate inappropriate collection efforts, a consumer claim may be considered.

The scope of this space does not afford an opportunity to assess the situation and advise you concerning bankruptcy. I recommend you assemble for legal consultation: (1) your income information for August 2012 through the present, including wages and unemployment during that period; (2) all your bills (copies neatly assembled, back pages included); (3) last four years� tax returns; (4) a credit report (use www.annualcreditreport.com to obtain free report if not requested in last year); and (5) other information that may apply, such as copies of lawsuits. Call at your earliest convenience to afford the most opportunity in which to be advised about your best course. You are not required to use an attorney in your area.

I do not recommend filing bankruptcy on your own. There are too many complex issues. I have seen several posts on this site for debtors who filed on their own and are seeking counsel concerning complications. Most of them will have a hard time finding an attorney to get involved to unwind the mess without the attorney charging several times what would originally have been paid.

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Answered on 2/05/13, 1:07 pm


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