Legal Question in Bankruptcy in Indiana

Can a dependent file for bankruptcy?

Situation: Girlfriend owes 12k in credit card debt. Her part time job does not offer enough income to pay for her apartment, food, and credit card bills.

Question: She is declared as a dependent on her parents taxes so that she can keep on their health insurance. However, they are not willing to provide financial support. Can a chapter 7 still be filed if she is a dependent? If so, how would assets be declared? Would her parents assets be included? Would it affect their credit rating also?


Asked on 4/29/02, 12:47 pm

2 Answers from Attorneys
John Bator Bator Redman & Shive

Re: Can a dependent file for bankruptcy?

The answer is yes-it matters not and no effect on the parents-only what she owes and owns is included-nothing is filed on the parents credit report unless they cosigned on the debt

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Answered on 4/29/02, 2:44 pm
Dorene Philpot Philpot Law Office

Re: Can a dependent file for bankruptcy?

If she's age 18 or greater, she can file.

She would list HER assets, not those owned by her parents.

Her tax status, as a dependent student, has nothing to do with whether she can file a bankruptcy petition.

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Answered on 4/29/02, 12:54 pm


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