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Will this work to dismiss both parties in the lawsuit?


xavi72
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In this lawsuit, two parties have been named on the same lawsuit (not separately).  Both parties filed separate Answers.  During the course of the suit, one of the party members files BK and has been discharged of all debt even the one involved in the lawsuit. 

 

Because the party that is left on the lawsuit always denied that she owned the debt, can the person who filed for BK now submit a motion to dismiss since she has accepted that she owned the debt and have the entire case dismissed since there is only one case for both parties?

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Nope, you're both stuck with it. Well technically she can file any motion she wants, but it will be objected to and 99% of the time  denied.  The BK only affects her liability, not the other party's. If two people sign something and one files BK, it has no effect on the other person.

 How will the lawsuit not be dismissed if it is proven to the Court that all charges have been discharged in the BK, wouldn't this be a waste of the Courts time to continue with such case? 

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Jointly and severally. look it up. Both parties are 100% responsible for the debt.

I wasn't familiar with that legal term but after researching I found this as well that would make sense in this case:

Defendants in a civil suit can be held jointly and severally liable only if their concurrent acts brought about the harm to the plaintiff.

 

My thinking was that if the BK person filed for a motion to dismiss and somehow it is noted that she was the one that was solely in control and possession of said credit card, could this information be used to help the case of the person still involved in the lawsuit since the other person has always denied that she applied for such credit card?  Because of this, she was requested her discovery to provide information about how she's being named a responsible party to the lawsuit.

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Your thinking would be wrong.

 

Jointly and severally liable means just what it says, you are liable together or apart.

 

The law is not so blind as to allow on party to erase their contractual obligation because another jointly and severally liable party says, "It's all mine. Oh by the way I'm filing for bankruptcy."

 

You have to prove that you are not liable for the debt by law. If you did not sign the contract, or you were not a named user, or if this is a spouse the marital property laws of your state and the things you would use to dismiss.

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