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Authorized User Financially Responsible?

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    Authorized User Financially Responsible?

    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.

    #2
    Ok.. Under responsibility it says authorized account.

    Comment


      #3
      Originally posted by Filedat22 View Post
      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.
      An authorized user is NOT responsible for paying anything on your credit card.

      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

      Comment


        #4
        No. He should dispute that account the the CRAs...
        Filed Ch7 3/6/08 [X]
        341 hearing 4/10/08 [X]
        Last day for Objections 6/9/08 [X]
        Discharge AND Closed 6/23/08 [X]

        Comment


          #5
          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??
          Last edited by Filedat22; 04-24-2008, 06:21 AM. Reason: combined two related posts

          Comment


            #6
            Originally posted by Filedat22 View Post
            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.
            Since your husband is in the military, that changes things - glad you mentioned that.

            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.

            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??
            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.
            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

            Comment

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