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Bankruptcy Law/Authorized User

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QUESTION: I am considering filing for bankruptcy.  I am the authorized user on a credit card and have been paying that card..... it is listed on MY credit report even.  My question is, if I file for Bankruptcy, will it have a negative impact on the primary card holder ?  The card is in their name, not mine, but I"m allowed to use it.  I do not want that card involved.  How does that work ?  Thanks so much.

ANSWER: It has nothing to do with bankruptcy.  The primary cardholder is liable for the debts on the card.  Period.  If the payments are not timely made, it will "involve" them.

---------- FOLLOW-UP ----------

QUESTION: That card that I just mentioned will continue to be paid and kept current.....I do not want to default ( nor does the primary card holder ) on that card.   I guess I'm asking if that card will be sucked into the bankruptcy if it's NOT in my name, but I am an authorized user.  I ask this since this card information / payment history IS indeed listed on my credit report for whatever reason.  I'm sure that I'm only an authorized user, NOT a joint card holder.  Thanks for any info you can offer !

Answer
If you're just the authorized user, it shouldn't be showing up on your credit report.  You don't technically owe the credit card company; you owe your friend (or whoever it is).  That having been said, it should affect the other party if you file a bankruptcy case, as long as the payments are made on time on the card.

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Mark J. Markus- California Bankruptcy Attorney

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Mark J. Markus is a Los Angeles bankruptcy attorney who has practiced exclusively bankruptcy law in California since 1991 and is rated A+ by the Better Business Bureau and is AV-rated by Martindale-Hubbell. He represents debtors, creditors, and Trustees in Chapter 7, Chapter 11, and Chapter 13 of the bankruptcy code throughout California.

Experience

Visit our California bankruptcy webpage at http://www.bklaw.com for more information on bankruptcy in general and Mark J. Markus in particular. Many questions are answered on the web page (hint, hint).
The Markus webpage also contains more information on

  • Which Chapter to File,
  • business bankruptcy,
  • chapter 7 bankruptcy,
  • chapter 11 bankruptcy,
  • chapter 13 bankruptcy,
  • Do You Need a Lawyer to File Bankruptcy?
  • Frequently Asked Bankruptcy Questions

    Also visit our Los Angeles bankruptcy blog for interesting articles and much more.



    Organizations
    Central District Consumer Bankruptcy Attorneys Association (CDCBAA) Los Angeles County Bar Association (LACBA) Commercial Law & Bankruptcy Section of the Los Angeles County Bar Association Financial Lawyers Conference (FLC) National Association of Consumer Bankruptcy Attorneys (NACBA) Los Angeles Bankruptcy Forum (LABF) American Bankruptcy Institute (ABI) San Fernando Valley Bar Association (SFVBA)

    Publications
    Central District Consumer Bankruptcy Attorneys Association Newsletter September 2007 (Vol. 1, Issue 2)

    Education/Credentials
    J.D., University of Arizona 1990. B.A. Economics, California State University, Northridge 1986. For more details please click here

    Awards and Honors
    AV Rated by Martindale-Hubbell (http://www.martindale.com) A+ Rated by Better Business Bureau

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