Question

If my dad is the co signer on my rent, will he be liable if I file for bankruptcy?

My dad put his name down as a co signer for my rent. I am not behind on payments and want to file for bankruptcy. Will this affect my father's credit if I do this?
Share |

LawQA.com Answer Library

Answered By: Eranthe Law Firm
It will not affect your father if you stay current with your payments. If you default on your payments the landlord will go after your father for rent under the lease (assuming you are still under the lease). You will have to list your father as a co-debtor and he will get the bankruptcy notices from the court.

Answer Applies to: California
Replied: 11/15/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Mercado & Hartung, PLLC
Yes, he will be on the hook. However, his credit will not be affected by your filing.

Answer Applies to: Washington
Replied: 11/14/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Alfred Law Firm
If you had a rent balance that you wanted discharged then your father would have been liable for the full amount due. But since that is not the case, you filing bankruptcy will not affect your father's credit if you re-assume the lease and continue to pay your rent. He will continue to remain liable for the rent though until he removes himself from your lease.

Answer Applies to: Georgia
Replied: 11/13/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Indianapolis Bankruptcy Law Office of Eric C. Lewis
You bankruptcy does not affect your dad's credit. Keep payments up and the lease in good standing.

Answer Applies to: Indiana
Replied: 11/10/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Dunaway Law Group
If your dad co-signed on your lease agreement and you break the lease and file bankruptcy, then yes, he is still liable to the landlord.

Answer Applies to: Arizona
Replied: 11/10/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Bird & VanDyke, Inc.
If you are current on your rent this should not be a problem. Many attorney do not include rent in their filings.

Answer Applies to: California
Replied: 11/10/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Theodore N. Stapleton, PC
His credit will be affected if he doesn't pay the rent yes he is still liable.

Answer Applies to: Georgia
Replied: 11/10/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: William P. Turner Law Office, P.A.
As long as you keep the rent current, your filing bankruptcy should not affect your Father's credit.

Answer Applies to: Kansas
Replied: 11/10/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Charles Schneider, P.C.
Probably only if you default in payment.

Answer Applies to: Michigan
Replied: 11/10/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Philip R. Boardman, Attorney at Law
Yes, he will still be liable. This is precisely the reason that creditors require co-signers.

Answer Applies to: Virginia
Replied: 11/10/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Office of Darren Aronow, PC
If he signed the lease, then he is liable for the rest of the payments of that lease as well. So if you file bankruptcy, he will remain liable.

Answer Applies to: New York
Replied: 11/10/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Evans & Evans Law Firm, LLC
If my dad is the co signer on my rent, will he be liable if I file for bankruptcy? - he must be named as a co-debtor on Schedule H, and YES, if you quit the lease, he WILL be liable. Question Detail: My dad put his name down as a co signer for my rent. I am not behind on payments and want to file for bankruptcy. Will this affect my father's credit if I do this? - if you continue to stay in the rental unit and make payments, it shouldn't affect him at all.

Answer Applies to: South Carolina
Replied: 11/10/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Charles R. Nettles - Attorney at Law
Only if you plan on breaking your lease.

Answer Applies to: Texas
Replied: 11/10/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Carballo Law Offices
If you are not behind on the rent payments then your bankruptcy will not affect your dad's credit. He is liable if you do not pay... that's what a co-signer agrees to do by signing as a co-signer and that is the purpose of requiring a co-signer (someone with more property, money and better credit that can respond for you in case you don't pay).

Answer Applies to: California
Replied: 11/9/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Paul Stuber, Attorney at Law
As long as you are current on the rent it should not hurt your father's credit.

Answer Applies to: Colorado
Replied: 11/9/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Ashman Law Office
Yes. He'll likely get sued, his credit will be ruined, and he will have to pay.

Answer Applies to: Georgia
Replied: 11/9/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Grace Law Offices of John F Geraghty Jr.
The biggest problem is that they can proceed against him for the balance of the rent.

Answer Applies to: Georgia
Replied: 11/9/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Janet A. Lawson Bankruptcy Attorney
Not as long as you are current on the rent and stay that way.

Answer Applies to: California
Replied: 11/9/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Bankruptcy Law office of Bill Rubendall
One person's bankruptcy does not affect another person's credit.

Answer Applies to: California
Replied: 11/9/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Schreiber Law Firm
Only if the payments are not made as agreed on the rent. If you file but continue to make the rent payments, it should have no affect on his credit, as the effect on him is non-payment, not bankruptcy.

Answer Applies to: California
Replied: 11/9/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: G. Anthony Yuthas & Assoc.
Not as long as payments are made on time.

Answer Applies to: Colorado
Replied: 11/9/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of Robert P. Taylor
As long as you pay your rent in full and on time, it shouldn't have any effect on his credit.

Answer Applies to: California
Replied: 11/9/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Xochitl Anita Quezada
Filing for bankruptcy will not affect your father's credit. He will be notified of the bankruptcy but his credit will be fine.

Answer Applies to: California
Replied: 11/9/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Kenneth A. Parker, P.C.
If you file a Chapter 7 and do not pay the rent then the landlord can collect from your Dad. As long as you are paying the rent, his credit should not be affected.

Answer Applies to: Georgia
Replied: 11/9/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Christine A. Wilton
No, your father's credit will not be affected by your filing bankruptcy. In your papers you get to choose whether you want to keep your current rental agreement, or reject it. Your father as a co-signer on your rent is legally obligated to pay rent if you cannot afford to do so and stop paying rent.

Answer Applies to: California
Replied: 11/9/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Dan Wilson Bankruptcy
Probably not unless you default on your lease.

Answer Applies to: Colorado
Replied: 11/9/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Harry L Styron
If you are not behind on your rent then it isn't a debt. The only place it would show in a bankruptcy is if you have a formal rental agreement (lease) which you would list on the executor contracts schedule. The bankruptcy should never impact your father.

Answer Applies to: California
Replied: 11/9/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Eliza Ghanooni, Attorney at Law
So long as you don't breach your rental agreement then your father will not be affected by your bankruptcy.

Answer Applies to: California
Replied: 11/9/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Moore Taylor & Thomas PA
Yes, your dad will be liable.

Answer Applies to: South Carolina
Replied: 11/9/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Gregory J. Wald, Attorney at Law
Your bankruptcy case does not relieve him of his obligation to pay the rent if you don't. If he or you makes the payments, then it shouldn't hurt is credit.

Answer Applies to: Minnesota
Replied: 11/9/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Offices of Kristy Qiu
If you intend to assume the lease and keep paying, no. If you intend to terminate your remaining obligation on the lease through bankruptcy, yes your father will be liable.

Answer Applies to: Florida
Replied: 11/9/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Harkess and Salter, LLC
If you keep up with your rent payments your bankruptcy is unlikely to affect your father.

Answer Applies to: Colorado
Replied: 11/9/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The White Rose Group
You rent, as a basic living expense, is a payment you will be allowed to continue to make. As such, if you do not fall behind in your rent then your father, as co-signor, will have no liability for that particular debt.

Answer Applies to: New York
Replied: 11/9/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Diefer Law Group, P.C.
No. But if you don't pay the landlord can go after him for payment.

Answer Applies to: California
Replied: 11/9/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

More Questions on Bankruptcy


Ask Questions

Ask a local attorney a question for FREE.

Free Answers

FREE answer from a local attorney.

100% Anonymous

Your email is only used to send answers to you.

Ask Your Own Question

Free Legal Questions & Answers

This site is an exclusive listing brought to you by LawQA and is a form of advertisement. To visit the official website of this attorney please click here.