I filed chapter 7 alone, my husband did not file. His credit report is showing one of my discharged debts as a charged off bad debt, as an authorized user. Can he be forced to pay the balance? He never signed anything but I put him down to send him a card with his name on it.
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An authorized user is NOT responsible for paying anything on your credit card.Originally posted by Filedat22 View PostI filed chapter 7 alone, my husband did not file. His credit report is showing one of my discharged debts as a charged off bad debt, as an authorized user. Can he be forced to pay the balance? He never signed anything but I put him down to send him a card with his name on it.
If this card is showing on his credit report as a negative, then he needs to immediately dispute that as "not mine" in writing to each of the credit bureaus listing it. He should send the dispute as a registered letter return receipt to each one to create a paper trail. It can take up to 30 days to see the entry drop off so be patient.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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Does it matter that I filed BK in a community property state?? The account was opened and used only in the state of Indiana. This is a store credit card.. The store in question doesn't even exist in the community property state I filed in.
I'm concerned that even if we do get it removed they will just re report it next month. How do I get this off of his report for good??
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Since your husband is in the military, that changes things - glad you mentioned that.Originally posted by Filedat22 View PostDoes it matter that I filed BK in a community property state?? The account was opened and used only in the state of Indiana. This is a store credit card.. The store in question doesn't even exist in the community property state I filed in.
What matters is where his legal residence has been maintained while you two have been married and moving around as directed by his service. If he maintained his legal residence in Indiana or any other non-community property state, then he could be in the clear. If his legal residence was declared in the community property state where you filed, then any debts on that credit card that were accumulated while you two were married belong to him and he can be held responsible for paying them.
You need to get legal opinions about this situation during free or low cost initial consultations from 3-4 experienced bk lawyers. It's complicated and depending on where his legal residence is determined to be it could go either way. The military lawyers on base should be able to help with figuring this out too.
Regardless of whether he may have to pay the balance on the card after you file, the negative related to this account absolutely should NOT be on his credit report. If he disputes it, it should come off permanently. He should watch his credit report to ensure it does not return - it should not.I'm concerned that even if we do get it removed they will just re report it next month. How do I get this off of his report for good??Last edited by lrprn; 04-23-2008, 06:27 PM.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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