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I Am an Authorized User.  How Does That Affect My Bankruptcy?

When you are named as an authorized user on an account, whether it is a bank account or a credit card, you will need to address the account in your bankruptcy pursuant to the requirement of  full financial disclosure.   Whether or not the

account affects your bankruptcy depends upon the the type of account.  (18 U.S.C. sec. 152).

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Credit Cards.  When you are an authorized user on a credit card account, the owner and not you are responsible for the debt even if you have made charges.  The owner may remove your name from the account at any time.  You do not need to report this account with your bankruptcy petition.  If you plan to file bankruptcy, the owner should remove you as an authorized use before you file to prevent a errant reporting of bankruptcy on the owner's credit report.

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Bank Accounts.  It is common for people to be an authorized user on an elderly relatives bank account in order to assist with bill paying.  When you are designated as an authorized user on a bank account, you have been given permission by the account holder to use the account but you are not legally responsible for any debt or liability associated with the account.  This is because the owner of the account may remove your name from the account at will.  Accordingly, the assets in the account will generally not affect nor be affected by your bankruptcy.  However, if you are actively using the account, any funds you withdraw will be considered income.  Also, if you are an authorized user and a designated pay-on-death payee and the account owner passes away within 180 days of your filing bankruptcy, then the entire account is considered part of your bankruptcy estate.  In order to prevent any unecessary aggravation, you should ask the account owner to remove you from the account before you file bankruptcy.  The owner can add you back after your discharge.  Regardless, to avoid being accused of non-disclosure, you will want to report the account on your statement of financial affairs and specifically note the purpose of your authorized user status. (11 U.S.C. sec. 727(d)).

The information provided in this website and  blog page is intended for informational purposes and should not be construed as legal advice.  You should never rely solely on websites for legal information or advice and contact a licensed attorney with any questions you may have.

The Law Office of Heather A. Harwell, PLLC is a Federally designated debt relief agency which defends consumers and files suits on behalf of consumers pursuant to various Florida and Federal laws, including bankruptcy under Title 11.  The Law Office of Heather A. Harwell, PLLC handles Consumer Bankruptcy, | Chapter 7 Bankruptcy, Debt Defense Against Credit Card Lawsuits by Original Creditors  including American Express, Discover, T.D. Bank, Synchrony Bank, Capital One Bank, Credit One Bank and others;, Debt Defense Against Credit Card Lawsuits by Debt Buyers including Midland Funding, LLC, Portfolio Recovery Associates, LLC, LVNV Funding, LLC, and others; Debt Defense Regarding Automobile Repossession Deficiencies; Debt Defense regarding Foreclosure Sale Deficiencies; Garnishment Defense, Credit Reporting Issues, Lawsuits against Creditors & Debt Collectors violating Fair Debt Collection Law violations, and Appeals regarding Debt, Credit and Violations issues in the U.S.M.D. of Florida, Hillsborough County, Hernando County, Pasco County, Wesley Chapel, Zephyrhills, Spring Hill, San Antonio, Trinity, North Tampa, New Port Richey,  Lutz, Land O Lakes and surrounding areas.  EVERY CASE IS DIFFERENT.  The information provided in this website is meant for general informational purposes only and should NOT be construed as formal or comprehensive legal advice.  Visiting this website and/or referring to its content does not create an attorney-client relationship.  The attorney provides a no-contact consultation via telephone or video regarding Chapter 7 Bankruptcy, Debt Defense,, Debt Collector Violations, Debt Settlement, Debt Negotiation and Garnishment / Attachment Issues.

Office:  Wesley Chapel, Florida

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