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Chapter 7 - Authorized acct user

Date: Tue, 05/29/2007 - 07:35

Submitted by pat25
on Tue, 05/29/2007 - 07:35

Posts: 8 Credits: [Donate]

Total Replies: 10


Ok, so I have gone to an attorney and I will more than likely file chapter 7. I was concerned because even though I am current on 2 credit card accts. the attorney wants me to include them in the chapter 7. My husband, who is not filing and has good credit, is an authorized user on one of the accounts. The attorney told me it will come up on his credit report, but that my husband can explain to a prospective creditor that he did not claim chapter 7.
Is this the only way? Does anyone have any suggestions?


If he is just an "Authorized User" and not a "Joint Account Holder" the account cannot legally be reported on his credit report. An "Authorized User" does not provide the credit card company with any personal information, does not sign an agreement, does not have a credit check prior to receiving the card and therefore cannot be held liable for any past due amounts. If anything did turn up on his credit report, he would simply notify the company that they cannot report it because he is an "Authorized User" and it MUST be deleted immediately.


lrhall41

Submitted by Here to Help on Tue, 05/29/2007 - 14:57

( Posts: 106 | Credits: )


I called the credit card company to take my husband off as an authorized user, but they said he is a joint acct holder. I don't remember switching him. I know I opened this acct before we got married and got a card with his name so he could use it if needed. My attorney said I need to include this acct in my bankruptcy case. Does anyone know if this will effect his credit? He has good credit and we plan on keeping it that way.
I don't have the 1200 dollars to pay off the acct and close it. I'm already paying 1800 attorney fees and 299 for the court fees. Already took the counseling course and another $50.


lrhall41

Submitted by pat25 on Wed, 05/30/2007 - 07:11

( Posts: 8 | Credits: )


I have the creditor on the phone. They don't have my application on file. They said they can send me a written confirmation that my husband is a joint acct holder, but no application to back it up. I'm holding for a supervisor. What are my husband's rights?
I found old statements where my husband's name was not on the bill. Then when this company was bought out, my husband's name started appearing on the statements.


lrhall41

Submitted by pat25 on Wed, 05/30/2007 - 07:47

( Posts: 8 | Credits: )


Unfortunately, if he is in fact a joint account holder, then he is equally liable. You can try to get his name off of the account prior to bankruptcy, but most credit card companies will not remove a joint account holder as long as there is a balance on the account (not a problem if there is a zero balance).

The debt load on joint account credit cards, delinquent payments, and any default or referral to a collection agency, or bankruptcy, will appear on the credit reports of both account holders. The creditor will also be able to pursue either or both account holders for payment, including interest, penalties, and possibly legal fees. The creditor does not have to be fair - if it wants, it can direct all of its collection efforts at the innocent spouse.

If you are absolutely certain that he never provided any personal information for the card, or signed an agreement, you can contact them again, see if you get a different representative and try to get his name removed. If you have time before the bankruptcy filing to send a letter (certified, return receipt), try that option as well.


lrhall41

Submitted by Here to Help on Wed, 05/30/2007 - 07:52

( Posts: 106 | Credits: )


I remember when I opened this acct. It was a Foley's credit card. I wasn't married. They got bought out by Macy's. That's when my husband's name started coming out on the mailing address.
The supervisor told me they would look into it further. Upon their investigation if they don't show my husband's info. they would remove him from the acct.
I'm going to my attorney today to turn in all paper work and money. He's filing tomorrow. I know this will not be resolved in 24 hrs. and because I was sure that he was only an authorized user- I hadn't acted on it. Can he clear this up after the chapter 7 given the facts are on our side? or will it be too late?


lrhall41

Submitted by pat25 on Wed, 05/30/2007 - 08:01

( Posts: 8 | Credits: )


He would be able to clear this up afterwards if necessary - his credit score just might take a hit until then (depending on when the information is reported to the credit reporting agencies). Once it is cleared up, do not take their word for it because it just might turn up again later. DEMAND a written statement from them that he was an authorized user and the information has been permanently deleted from his credit report. Then hang on to that letter.


lrhall41

Submitted by Here to Help on Wed, 05/30/2007 - 09:28

( Posts: 106 | Credits: )


I have my name on a friend's bank account as a joint holder, just as a precaution in case she gets ill. I do not use the account and didn't mention it to my attorney because it's not my money. Is this something the trustee will turn up and if so, how do I prove this is not my money? I've already filed.


lrhall41

Submitted by anonymous on Sat, 03/07/2009 - 05:41

( Posts: 202330 | Credits: )