Can personal property that is not mine be seized in bankruptcy?

by Daisy
(Phoenix, AZ, USA)

Hi - My boyfriend, our kids, and I live in a house that is entirely owned by my dad. My dad and boyfriend own a lot of property in the house, and I own very little. If I declare bankruptcy in a few months (to discharge 3 credit cards, each with about $10,000 debt), is there a chance that the house will be searched, and my boyfriend's property will be seized? There isn't paperwork showing who owns what - is that a problem, or can he just declare what is and isn't his property? What can I do to be sure that his property isn't seized? He is listed as an authorized user on one of my credit cards (not on the credit application contract though)- will that be a problem too? Thank you.

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Jun 01, 2011
Can personal property that is not mine be seized in bankruptcy?

When you file for bankruptcy, your attorney will fill out a form that will list all of your assets -- everything that you own. You will provide your attorney with that information. The form will be filed with the court together with numerous other legal forms.

No one will search your home and therefore, you do not need to worry that some of your boyfriend's assets will be seized. He is not filing for bankruptcy, you are. Therefore, he has nothing to do with your bankruptcy and the court will not be interested in what he owns.

As for the credit card you asked about, your boyfriend is not legally responsible for it as an authorized user -- you are because the card is in your name. When someone is an authorized user on a credit card, they simply have the right to use the card.

I think it would be a good idea for you to schedule an appointment with a board certified consumer bankruptcy attorney sooner rather than later so you can get all of your questions answered and learn how the bankruptcy process works. The attorney can also tell you what you should not do in the months prior to filing because doing certain things before you file can affect how much of your debt will or will not be wiped out by bankruptcy. Meeting with a bankruptcy attorney now does not mean that you must file now, but the information you will gain during the meeting could be invaluable to you. Click here to schedule a free consultation with a bankruptcy attorney

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