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?


Asked on 7/25/02, 3:21 pm

2 Answers from Attorneys

Lawrence Maun Lawrence J. Maun, P.C.

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

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Answered on 7/25/02, 3:34 pm
Andrew Nichols Law Office of Andrew B. Nichols

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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Answered on 7/25/02, 3:37 pm


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