Applicant and Co-Applicant and Bankruptcy

by Questions on October 21, 2009

Question from a reader: My husband and I have been separated for 6 months. When we were married we signed up with Direct to home grocers where they send you a years worth of groceries and pay $400/mo. My husband has stopped paying for the monthly payment. He is the applicant and I am the co-applicant. He had talked about going bankrupt but hasn’t. Doesn’t the creditor go after the applicant first and only after the co-applicant if the applicant goes bankrupt??? Let me know.

Answer: In general, yes, the creditor will pursue the applicant first. If the applicant does not pay, then the creditor may pursue the co-applicant. However, if two people have signed for the debt, the creditor can pursue both of them initially if they so choose.

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