Legal Question in Bankruptcy in Indiana

Re: Co-signer on credit card

I would be surprised if they remove her from the account, unless she merely co-signed and never used it.

If they remove her from the account, she is then not legallt liable for your debt and you can discharge it in a bankruptcy as a general rule.

If they do not remove her from the account, Chapter 13 may be an option since there is a stay against pursuing co-debtors on a consumer debt.

As always, consult an attorney, especially about your options both in and out of bankruptcy-generally intitial consultations are free.

Re: Co-signer on credit card

If your mother co-signed a credit card and her name is still on it when you file, then they can come after her for payment of that debt.

If you get her name removed and you file, then she will not be liable for it if you file a bankruptcy.

HOWEVER, if there is a balance on the card, the credit card company is NOT going to willingly remove her name from it. Why not? They like having as many people on the hook as possible.

Another thing you should know: If you open up a new account in just your name and then transfer the balance from the old one with both your names and then immediately file for BK protection, the creditor is going to raise a stink about that, and it's likely that that debt wouldn't be discharged at all because you knew you were going to file and were intending to stick it to the new creditor -- or it's possible that your whole case might be tossed out.