Legal Question in Bankruptcy in North Carolina

I have a great deal of credit card debt. My daughter is helping me pay the monthly payments

and her name is also on the cards. If I file bankruptcy, will the fact that she is an authorized

user cause her to also have to declare bankruptcy?


Asked on 3/14/11, 8:52 pm

1 Answer from Attorneys

Thomas Zimmerman Zimmerman Law Office

No. Your daughter cannot be held responsible for debt you allowed her to charge on your credit cards. It requires a written promise on her part to pay, that it, she must have signed on the credit card application as a co-applicant. It is possible, of course, for her to have sent in a written promise to pay your debt, but this would be very unusual and she would be aware of that. Any attempt to collect, in such circumstances, from your daughter is a violation of the fair debt collections acts and would be a violation of the Automatic Stay in a bankruptcy case. These laws, make it unlawful to attempt to collect this debt. Consult your bankruptcy lawyer and make sure he is willing to bring on a Motion in Contempt if the credit card companies attempt to collect from your daughter.

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Answered on 3/15/11, 5:49 am


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