Legal Question in Bankruptcy in Massachusetts

Dear Jean,

Authorized users are not responsible for the charges made by the account holder. Its presence on your credit report suggests that you are a co-obligor and not merely an authorized user. Best to write to Citibank to confirm (1) that you are merely an authorized user and (2) that you terminate any relation you have with that account in any event. If you are a co-obligor, then his charges are your responsibility. You can file a claim in his bankruptcy in case his trustee collects any assets, and you should read over your divorce papers to see if he's responsible to you under the divorce. If so, then that divorce obligation is not discharged in a Chapter 7 and you can seek contempt against him after his bankruptcy case is over.

All debts must be listed even if they are not to be discharged. Student loans are not discharged unless he files a separate suit in the bankruptcy court and proves a serious hardship. Very unlikely. Your daughters are responsible along with your ex if they co-signed the loan papers, regardless of the bankruptcy. They are not responsible if they did not sign the loan papers.

Ta-da!!

Jed

L. Jed Berliner, Esquire

BerlinerLaw

Practice Limited to Bankruptcy, Foreclosure Defense, and related litigation.

I write regularly at: www.bankruptcylawnetwork.com/author/ljed/ and www.mortgagelawnetwork.com/author/jedberliner/.

Founding member of Bankruptcy Law Network, providing comprehensive information at www.BankruptcyLawNetwork.com