Legal Question in Bankruptcy in Texas
Minor children's debts in parent's bankruptcy
My son made several debts for mail-order items while underage. He has said he has no intention of paying any more on these debts.Since I believe I may be responsable for these debts,can I include them in my bankruptcy as debts?
2 Answers from Attorneys
Re: Minor children's debts in parent's bankruptcy
Yes, but it will not discharge your son from them if he is responsible. Larry Maun 713-266-2560
Re: Minor children's debts in parent's bankruptcy
Short Answer -- I would probably list these debts as being potentially your debts.
These particular types of debts are called contingency debts. In other words, the creditor might pursue you for your son�s debts but we cannot tell that yet. Since your son was a minor he did not have the legal right to contract and these debts could be determined to be legally an obligation of you as parent. However, as a practical matter this will probably never get to that point. My experience tells me that often creditors use data entry people who enter the information into their computer. The account is "coded" as a bankruptcy and no further action is ever done to follow-up. Therefore more than likely once you list these as debts in your petition you (and your son) will never here from them again. Please feel free to contact me personally to discuss your situation in more detail. ph. (214) 979-7330 or (800) 303-0720
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