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Credit Card and Co-signer

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    Credit Card and Co-signer

    I currently have a CC (sears) which has a co-signer. I filed BK, but the co-signer has not filed. Can the CC company contact the non-filer for collection of this debt while in the chapter 13 process?
    ______________________________________
    Chapter 13 filed 1/19/09
    341 hearing 2/26/09
    Confirmation 3/31/09

    #2
    Originally posted by 09BKFILER View Post
    I currently have a CC (sears) which has a co-signer. I filed BK, but the co-signer has not filed. Can the CC company contact the non-filer for collection of this debt while in the chapter 13 process?
    Is this person really a co-signer who signed forms agreeing to be equally responsible for paying back the debt? Or are they an authorized user - someone who can charge on the card but never signed to be responsible for the debt? It's important to know the difference.

    Authorized users owe NOTHING if you file. A co-signer is as responsible for paying back the debt as you are, so if you file, then a co-signer will be made to pay back the entire balance owed.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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