Fiance Debt On My Credit Card

My fiance is an authorized user on a credit card in my name. He recently lost his job when the company for whom he worked for 14 years closed. He has gotten behind in paying his credit cards that are in his name only but has continued to make the payment to me for the monthly payments on the card in my and his name. He is now contemplating bankruptcy. Can he include this credit card debt in the amounts owed without my involvement? If not, can he include me as a creditor not to be included in the bankruptcy but considered in the amount of debt owed?

[Ummonx]

hate to tell you this, He owes you, YOU owe the Credit card Company. Him declaring bankrupcy will do nothing for your debt. I guess he could include you as a creditor, however you WILL still owe the debt.

Simply because someone wont pay you doesn't absolve you of debt you owe.

Not sure I stated my question correctly. I know that I am liable for the debt and I am paying it monthly from the money he gives to me. My question is whether or not this debt can be included on his bankruptcy without it affecting my credit (which is excellent) or if he can list me as a creditor since I am also an authorize user?

[Ummonx]

he would not be able to list the debt to the CC company since he owes them nothing. again, he might be able to list you as a creditor though I am not sure what it will do for you. I would suggest putting something in writing.

[JETX]

Originally Posted by lheart

Can he include this credit card debt in the amounts owed without my involvement?

No. The problem is... the credit card debt is not his. He has NO legal obligation to pay it (or you, absent a loan agreement with you). Now, if for some reason you wanted to inflate his debts, you could simply draw up a written 'loan agreement' for his TOTAL debt to you, then he could include his obligation to you in his filing..... but that all seems useless and ridiculous.

If not, can he include me as a creditor not to be included in the bankruptcy but considered in the amount of debt owed?

See above. Curious though... why would YOU want him to be able to discharge his obligation to you??? Simply doesn't make sense.

Also, you should be aware that at least some (the last 6 months or so) of payments he has made to you (instead of his 'real' creditors) could very easily be ordered returned by the court as they are clearly 'preferential payments'.

He is an authorized user on the credit card. Does that not make any difference as far as whether he can list this debt? The only reason I make the payments is because he does not have a checking account on which to write the checks. He is simply paying a bill just as he does with the utility bills, etc. I'm not asking if he can discharge his debt to me but whether he can discharge the debt to the credit card company without it affecting my credit or would I have to be involved in it since I am also a authorized user of the credit card. It is in both names - not just mine.

[JETX]

Originally Posted by lheart

He is an authorized user on the credit card. Does that not make any difference as far as whether he can list this debt?

No difference at all. An 'authorized user' is NOT obligated for the debt. He can spend all your money, you are obligated to repay and he can legally deny ANY obligation to you or YOUR credit card company.

I'm not asking if he can discharge his debt to me but whether he can discharge the debt to the credit card company without it affecting my credit

No, as long as his name is not on the account (meaning he actually signed the credit card application), he has NO obligation to the credit card company.

or would I have to be involved in it since I am also a authorized user of the credit card. It is in both names - not just mine.

Okay, now you are just getting confusing!!
WHO signed the credit card application???
- If you signed it only, then this is YOUR account. You are NOT an authorized user, but the card 'holder' (and obligated to the creditor). His bankruptcy has NO affect on your obligation.

- If both of you signed it, then both of you are 'holders' and both of you are obligated to the creditor. His bankruptcy would waive his obligation... but you would still be liable for the full debt.

Read the information at: [url]http://www.cardreport.com/overview/authu.html[/url]