In general here is my question, my husband did not file with me. However, we pulled his credit report and two of the companies that were included in my bankruptcy and filed claims are on my husband's credit report. Is there a way to get them off? They are derogatory marks on his report due to the fact both have unpaid balances...can they be removed? Is it a way to notify the bureaus?
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I believe that if this was joint debt, then your husband is still responsible for the debt since he didn't file along with you. They can't come after you for it, so they are going after him. If he was just an authorized user they should take this off.Filed Chapter 13 with lien strip on 2-28-11 * 341 held on 3-30-11 * First confirmation hearing held 4-20-11, continued until 5-25-11, continued until 6-29-11, continued until 8-10-11. Plan finally confirmed on 8-10-11!!!
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okay, but that almost seems like they are double dipping? They filed proof of claims but yet still going after him for the debt?Comment
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Filing a proof of claim doesn't guarantee they will get paid. If they collect from your husband, they should withdraw or amend their claim.LadyInTheRed is in the black!
Filed Chap 13 April 2010. Discharged May 2015.
$143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!Comment
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My understanding is that the relief of stay is in effect for the entire Chapter 13 plan, and that they cannot attempt to collect the debt from the co-borrower until after the bk is done. Now I don't know if the negative entries on his credit report are considered a no no, but I surely would ask your attorney about this.Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.Comment
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A proof of claim is filed in your case, in order to get any part of the proceeds that may be available. Regardless of that, he (as a joint debtor) is still responsible for the full balance. If any monies are available to unsecured debtors in your case, it would reduce the balance of what he owes.Originally posted by justbaby View Post
It may seem like double dipping, but it is not. If he pays the bill, then none of your bk monies would go to that creditor, but would be distributed among the others.All information contained in this post is for informational and amusement purposes only.
Bankruptcy is a process, not an event.......Comment
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If the co-debtor did not file bk, then they have no protection under the stay. Only the debtor that filed has this protection.Originally posted by newbie2 View Post
If payments are not being made, and the other party is a co-borrower, then there is nothing wrong with reporting negative information on their credit.All information contained in this post is for informational and amusement purposes only.
Bankruptcy is a process, not an event.......Comment
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