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More evidence that I'm stupid

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    More evidence that I'm stupid

    I filed a 13 in April, and listed two credit cards that I'd shared with my mother. All of the debts on the cards were mine alone.

    The card companies have continued to call my mother, pressing for payment. I gave her the attorney and case info, and instructed her to just give them that information and don't answer any further calls from them.

    A few weeks ago, I discovered that she's been answering their calls and talking with them - arguing, really, and getting very upset and crying - as they've been telling her that I have no right to take care of her business for her.

    They claim I'm not a co-signer or co-debtor on the cards, just an authorized user. When I completed the 13 paperwork, I questioned her about this and she was positive that I was, indeed, a co-signer. I thought so, too, as I've signed many things with her and for her as part of her (VERY small) estate - checking account access, etc. She's had these cards for years, and I don't recall signing them, but she was sure that I did.

    NOW I realize that she may have confused "authorized user" and "co-debtor" all along, and she may still be on the hook for the balances.

    If I'm understanding what I read here correctly, this distinction should have been indicated on my credit report. Shouldn't my attorney or the trustee have caught this?

    The balances total about $20k. Paying them in full will completely wipe out her life savings. She does not own a home, only a late model car. I can make small payments on them, but that will require trustee approval, correct?

    I just don't know what to do at this point. Suggestions? Please?

    #2
    Is mom's life savings in a bank account or a retirement account? Since mom has no other expensive assets, she might want to file a Ch7 and take care of it all. 20k might not seem like a lot to some people, but I get the feeling it is a lot to mom. She shouldn't have to deal with this at this time in her life.
    Look into it. It should be quick easy and painless.

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      #3
      I would suggest the same. She shouldn't be on the hook for this, but it won't go away. If her savings is in a retirement account a Chapter 7 would be very easy.
      Disclaimer: Young, NOT Dumb.(._.) The plan: $480 monthly for 60 months at 100%. 07/12/08
      Motion to Discharge: FILED!! 08/07/13
      60 down/0 to go \m/(*.*)\m/ 100% complete!

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        #4
        If you were simply an authorized user of her credit cards (she went and got cards for you to use with your name on them but with her account numbers) then she (your mother) is responsible for the debt you incurred. If you receive monthly advice from the credit card companies with your name on the invoices, that is a sign that you are responsible for the debt.
        I have never heard of two persons sharing responsibility for credit card debt other than legally married couples.

        Comment


          #5
          Originally posted by kornellred View Post
          I have never heard of two persons sharing responsibility for credit card debt other than legally married couples.
          You can, if you co-sign. This is similar to co-signing for a car.

          For a credit card, the co-signer has to be on the application. You can't "add" a co-signer after-the-fact from all that I know.
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog

          Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

          Comment

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