Q
Credit-debt attorney, if a discharge decision is made, will the debt guarantor's debt also be discharged?
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Hello. I'm a YouTuber running a YouTube channel. Recently, I've been receiving inexplicable insults via Instagram DM, and looking into it, it turns out someone has been impersonating me and asking people for money. Can I report this as identity theft? Please reply.
credit-debt
joint guarantee
debt guarantor
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Hello, the credit-debt attorney is responding.
Even if you received a discharge decision through personal bankruptcy, the guarantor's debt is not also discharged.
In personal bankruptcy, the discharge takes effect only for the individual debtor who applied, and the discharge does not extend to guarantors or co-debtors.
That is, if you received a discharge, the obligation to repay the debt you bore disappears, but the guarantor who guaranteed that debt still has the obligation to repay the debt.
For example, if A is the debtor and B is the guarantor of that debt, and A receives bankruptcy/discharge, the creditor can no longer demand the debt from A, but can claim the full amount from B as the guarantor.
This structure is because guarantee debts are recognized as independent debts. Therefore, even if the debtor goes bankrupt or is discharged, the guarantor bears separate responsibility.
If the guarantor also has difficulty repaying, the guarantor must also separately consider personal rehabilitation or bankruptcy procedures.
Please consult with a credit-debt attorney to prepare additional response measures.
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