Authorized Card user liable in owner's bankruptcy?

[califgoldenlady]

What is the name of your state?What is the name of your state? California
My father authorized a Master Card be issued in my name from Chase. He now must file bankruptcy. I used the card a few times over the years. How des this get handled in his bankruptcy? He will not be using an attorney; just the NOLO Press guidance. Do I have to differentiate the debt? I am hoping to include it in his bankruptcy, to be honest.
Thanks,
califgoldenlady
PS My father is 86, has not one penny in assets; is in a nursing home, on Medical and is alzheimer's, nearly end-stage. I have been paying the monthly payment on $7,000. I am thinking it is best to just file bankruptcy on his behalf. Which poses another question; he is unable to appoint me as his Power of Attorney since he is incapacitated. What do I do now?

 

[Ladynred]

Get a lawyer ! You cannot file bankruptcy in his behalf because HE is the one that would have to meet with the Trustee at the 341 meeting - not you. I'm not even sure a lawyer can file 'in his behalf'. In 2nd thought, I see no point in even bothering with bankruptcy if he has no assets and considering his illness.

Authorized users are NOT liable for the debt, only the primary account holder can be held liable. In short, they cannot come after you for the debt. They might try, but you have no liability at all.

Write all his creditors a letter and tell them that your father is terminally ill, has no income and is in a nursing home and there is no money or assets to liquidate to pay them. I would not worry about them at all... they can't take anything from him and they can't make you pay either. You are not liable for ANY of his bills when he's gone either.

My sympathies and prayers are with you, I lost my father to Alzheimers in 1989 - there is nothing worse than this insidious mind-stealing disease .

 

[califgoldenlady]

authorized user liable on credit card debt?

Dear Lady in Red,

On 11/08 you replied to my post:
"Authorized users are NOT liable for the debt, only the primary account holder can be held liable. In short, they cannot come after you for the debt. They might try, but you have no liability at all."

As an authorized user, I incurred most of this debt on my father's account. You may recall he is incapacitated and terminally ill. Won't the creditor come after me to collect?
thanks - califgoldenlady

 

[Ladynred]

Not really, at this point they're not looking at signatures on charge slips, HIS name is on the account as the primary card holder, so they will attempt to pursue him first. If they go so far as a lawsuit, then MAYBE charge slips that you signed would be brought in evidence and you might get stuck with it.

 

[Who's Liable?]

Not to be insensitive or to be rude, but I have to agree with Ladynred(Chris Deburgh) in asking what the point of file BK would be, considering his health and illness...

 

[cyana24]

Not to be insensitive or to be rude, but I have to agree with Ladynred(Chris Deburgh) in asking what the point of file BK would be, considering his health and illness...

At this point I agree with both LIR and Who's liable. There's little purpose in having your father file bk. One caveat though, if the creditor is particularly agressive (i.e. tends to sue) they might have a good case if yours is the signature on the majority of the sales slips assuming you weren't purchasing goods/services on your father's behalf. For example, since I am severely disabled, I have added both my adult children as AU's on two of my CC's so they can purchase items on MY behalf.

Who's Liable - who is Chris Deburgh. I don't believe it's LIR.

 

[Ladynred]

Cyana, Chris DeBurgh performed (and I think wrote) the song "The Lady in Red' - which IS where I picked up the 'handle' many years ago I also happen to be very fond of red - lots of red in my wardrobe

The father can't file for bankruptcy himself, if he is in late stages of Alzheimers he isn't mentally competant and no one can do it FOR him. Filing would be a pointless exercise.

 

[cyana24]

Ladynred

You learn something new everyday. Love the song but never knew the singer/songwriter.