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Chapter 7 and my EX-BF / Co-Debtor

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    Chapter 7 and my EX-BF / Co-Debtor

    Hi, I filled for chapter 7 right before the new law changed.
    My Ex Boyfriend's name is on some of my credit cards and my car.
    Im trying to give up my car in the bankrupcy.
    What I want to know is, Is he going to have to / be able to attend the Meeting of Creditors or any Court/meeting dates?
    Im assuming that the creditors are going to go after him for the full ammount
    of debt we shared.
    Is there anything he will be able to say to try and keep me from being able to go bankrupt or try to sue me for ruining his credit?
    He had no intention of paying any of the debt i've solely been paying the minimum payments on the credit cards and the car loan for over a year.
    Also hes saying It was illegal for me not to notify him that i listed him as a co-debot on my bankruptcy.

    Any Advice would be greatly appreciated, I filled the paperwork myself.

    -Caren, NV

    #2
    I would think he is SOL--if he was a co-creditor, it is his tough luck. You really can't change the way it went.

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      #3
      Im just hoping he can't come to any meeting and start spounting off lies and try to get me in and legal trouble, or cause any problems with my bankruptcy.

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        #4
        Your ex-boyfriend is hardly in the position of spouting off about what is legal given he is not assuming any of the debt he shared with you. How outrageous is that! He cannot stop you from filing BK. He was just allowed to charge on your card as an authorized user right? If I am you I could care less whether he likes you filing or not...

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          #5
          Does anyone know if in Nevada you have to notify co-debtors if you file for bankruptcy? I believe federal law is you do not, just checking to see if there might be a state provision/law that differs.

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            #6
            How is he on your credit cards? Are the accounts in both your names jointly, or did you just add him as an authorized user? I've not seen any CC applications that accept non-married joint applicants. Most people just set the other up as an AU. If he's only an AU, he's not legally responsible for any of the debt even if he charged it all.

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              #7
              but what about the car....how is he listed on the car? is he a co-signer?

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                #8
                Only 1 card didnt let me take him off it a year ago. so im assuming hes more then just an auth user on that card. He is a co-signer on the car.

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                  #9
                  Originally posted by BankruptinNV
                  Only 1 card didnt let me take him off it a year ago. so im assuming hes more then just an auth user on that card. He is a co-signer on the car.

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                    #10
                    3 years ago my ex-husband filed for BK . He still had an account that had both are names on it (divorce does not relieve you from debt,mainly credit cards, even if the debt is assigned to one spouse in divorce). I ended up having to pay that account. Luckily that company let me pay a reduced amount. And it didnt show on my credit reports ......not that , that makes a difference now!!
                    Bk filed 9/27 Pro Se
                    341 11/7 DONE!
                    Discharge 1/16
                    Closed 1/26
                    Arizona

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                      #11
                      So does someone know if my ex/co-debtor will be notified of the 341 meeting date? Also CAN HE even attend? and does he HAVE TO attend? Do I have to notify him of the date?

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                        #12
                        Originally posted by BankruptinNV
                        So does someone know if my ex/co-debtor will be notified of the 341 meeting date? Also CAN HE even attend? and does he HAVE TO attend? Do I have to notify him of the date?
                        Everyone listed on your petition will get notice of your 341, when and where it is. So if he is listed YES he will get one. My hubby and I filed jointly with a lawyer. We got three notices mailed to us: (these are the same notices that are mailed to all your creditors):
                        ~1 addressed to me
                        ~1 addressed to him (hubby)
                        ~1 addressed to both of us

                        From what I understandm Yes he can go and at least watch they are public hearings.
                        If he's out for revenge he may show up just to be an a**, however I don't know if he has any rights or laws in his favor, I would think not. Good luck and let us know how it goes!!

                        pink-amulet

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                          #13
                          Filing BK is a personal right, and I've never heard of having to notify anyone prior to filing. He could try to raise a stink, though I doubt he could accomplish it. If he had info on assets you were hiding or something like that, he could use it against you, but making up false accusations wouldn't accomplish anythng as the trustee would check them out and find them to be false.

                          Yes, he will be solely responsible for any accounts that he is on. I do know there is a page on the petition that asks for info on co-debtors, I'm not sure if the BK court sends out a notice to them though.
                          Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

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                            #14
                            Codebtors are generally listed on the creditor matrix/mailing list so that they do receive notification. If it were me, I would file an amended matrix/mailing list to include codebtor(s), just for the record.

                            It's unlikely that he can do anything to prevent your BK, and he doesn't have to show @ 341 mtg (but he can if he wants to).

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                              #15
                              I don't see why he would be notified of your 341 meeting. He'll find out soon enough that you filed for bankruptcy when he starts getting calls from your joint debtors wanting to collect. The 341 is the least of your concerns. It's just a 10-15 minute meeting. He'll probably be pretty ticked when he finds out he's on the hook for all the joint debt. You could even find yourself in small claims court arguing over who charged what and who promised whom what. Ever watch Judge Judy?

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