Monday, May 2, 2011

What happens to my Cosigner if I file for Bankruptcy?

Update:  Because of the extensive interest in this topic, we have written two follow-up posts which more specifically address these issues from the standpoint of either the primary borrower (i.e. the person who is gaining the advantage from the loan, whether it be an education, car, home, etc.) or the co-signer (i.e. the person who signed the loan usually just to assist the other person in qualifying):


I co-signed a loan and the primary borrower has filed for bankruptcy. What should I do to protect myself?



Original Post:

When you file for bankruptcy you are required to disclose if any of your debts have co-debtors. A co-debtor is someone who also agreed to pay that debt, which includes co-borrowers, co-signers, and guarantors. Even if the debtor is discharged of their obligation for a debt, the co-debtor still owes the debt.

In many cases, the filing of bankruptcy of one of the borrowers will constitute a default on the loan and the creditor can then accelerate the loan against the co-debtors if the debtor does not reaffirm. Accelerating the loan means that the lender requests full payment or in the case of a mortgage, forecloses. Despite this ability, in most cases lenders will not accelerate a loan, but will allow it to remain under the current terms if the co-debtor continues to make timely payments.

If the creditor has already sued both the debtor and a co-debtor that collection action can usually continue against the co-debtor, except in the case of a Chapter 13 which specifically protects co-debtors from collection actions during the pending bankruptcy.

If you are a co-debtor on a loan and the borrower is filing for bankruptcy, you should consult with an attorney about what your rights and obligations may be. It is important that you at least find out whether or not the debtor intends to reaffirm their obligation to the creditor or whether you will be left owing the full amount yourself.

60 comments:

  1. question.
    We are going to file a chapter 7. I love my brother for co-signing on our van awhile back. We had some major issues with our daughter and being abused. It took us every penny and then some to fight for her rights and put the guy behind jail. Hence, the need for a co-signer. But even with the best of intentions, we began drowning in debt. We have stayed current on our vehicles and all other important bills. But can't stay current on our credit cards. We want to file chapter 7, and have been told we have plenty of room in our budget to reaffirm our vehicle. Will my brother find out about us filing for bankruptcy if we reaffirm the vehicle? Or can we "spare" him the panic attack.

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  2. Anonymous:

    When you file for bankruptcy, the bankruptcy code will require that you disclose any co-debtors (co-signers) on all debts on your petition. These names will be added to the Creditor Matrix (a list of interested parties and creditors in your bankruptcy case), and those parties (including your brother) will receive notice of your bankruptcy petition. However, they will only receive notice of the filing - they will not automatically receive copies of your full petition and schedules.

    Additionally, as you are aware, in order to retain the vehicle, you will need to sign a reaffirmation agreement with the lender. Some lenders will also require that the co-signer also execute the reaffirmation agreement, although this is not always the case, and there are some good arguments as to why it is not necessary to protect the lender's interests.

    Understand, however, that the bankruptcy will not appear on your brother's credit report, and as long as you remain current on the loan, his credit should not suffer as a result of your filing.

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  3. We just found out that he is the primary on the loan; not the co-signer. I guess we co-signed but he remains the primary. Does this change things? Do we even need to include the cars now?

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  4. If you, the debtor filing bankruptcy, are a co-signor on a loan you still need to disclose that debt on your bankruptcy filing. Although your brother is the primary borrower you are still liable. In addition, you must still disclose the primary borrower as a co-debtor. His name will be added to the Creditor Matrix (a list of interested parties and creditors in your bankruptcy case), and those parties (including your brother) will receive notice of your bankruptcy petition.

    Whether or not you need to include the cars as assets depends on whether you are on the title or not. A co-signor might be on the title or they might be titled to your brother only. You can find this out by looking at the registration. If you are on the title, then you need to list as an asset, no matter who is the primary loan holder.

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  5. my ex-boyfriend filed bankruptcy on his house earlier this year(around the beginning of 2011)and our name is on the car we bought when we were together in 09. I kept the car and i pay for it (on time monthly). Will his bankruptcy situation affect my credit or my car?

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  6. Anonymous:

    First off, your ex-boyfriend's bankruptcy should not harm your credit, although I would recommend checking your credit reports about six months after he received his discharge (or about a year after he first filed his bankruptcy) to be sure that the bankruptcy was not mistakenly reported on your credit, as well. If so, a simple letter to your credit bureaus will correct the error.

    As long as you continue to make payments on the car, here, again, you should be fine. If you were a co-borrower on the loan, the bank will simply now look to you to make the payments. However, there are a few unknowns here, such as whether his interest in the car was properly exempted or abandoned by the bankruptcy trustee. If you are concerned, I would suggest you contact a bankruptcy attorney in your area to review his bankruptcy schedules that were filed with the court. However, since you mentioned that his case was filed early this year, I would be fairly certain that there are no implications on these issues. If you wanted to be 100% sure (and to further protect your credit, you may want to contact your local bank or credit union and refinance the car solely into your name and ensure his name is no longer on the title to the vehicle.

    ReplyDelete
  7. "If you, the debtor filing bankruptcy, are a co-signor on a loan you still need to disclose that debt on your bankruptcy filing. Although your brother is the primary borrower you are still liable."

    I'm in this situation. I'm co-signer on car loan my wife is primary borrower. I am on title. I am filing separtate. Will I still get vehicle ownership deduction?

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  8. Assuming that you aand your wife are not separated and the payment on that vehicle is a household expense for both of you, you can claim the vehicle ownership deduction on part B of the means test (Official Form B22A).

    When one spouse files a separate bankruptcy, and is not separated (legally or otherwise), it is necessary to list your entire household income, including your wife's. Additionally, the Court will consider your entire household expenses, not just your "half". At least here in Massachusetts, The trustee should not consider questions of title or who is the primary borrower. If you are a co-borrower, you can be legally liable for the entire debt, and the court will permit a deduction for payment of that secured debt.

    ReplyDelete
  9. My ex- wife bought a car while we was separated and had both our names put on it. In which I didn't know she used my info until she did a voluntary repossession. Now she's filled chapter 13. How can o remove this from my credit

    ReplyDelete
    Replies
    1. If information is on your credit report that is inaccurate, it must, by law, be removed upon a request in writing. Removing correct information from your credit is difficult. If the information reflected indicates that the car was surrendered to the lender, the information in your credit report is true. The real issue here is that your ex-wife purchased a car without your knowledge. Consider filing a statement with the three credit bureaus to validate the debt (i.e., that you were an obligor on the debt), and request the information be corrected in your file.

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  10. My husband and I have filed a chapter 13 bankruptcy and we had loans at the credit union one which my daughter was the co-signer and she has paid that loan off and now the bank will not give her the title. She has always made the payments on time and has even paid the car off a year early and the credit union always took the money out of her account how can the keep the title

    ReplyDelete
    Replies
    1. Without any further information, I can only speculate, but it sounds as though the creditor is treating this loan as though they can only release the title to the primary borrower. This may be an issue of state law in your jurisdiction, so I would suggest speaking to an attorney in your state. A co-borrower is someone else (besides the primary borrower) that the bank can pursue in the event the primary borrower defaults on the loan. The loan terms may dictate the co-borrower's rights under the loan to only be an alternate source of payment and not receive a benefit under the contractual obligations established when the loan was initiated. Your daughter may have some rights in equity, meaning that even though she did not have a contract with the lender, her payment gives her an equitable remedy against the bank. I suggest you speak to an attorney in your area.

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  11. I've filed a Chapt 7 bankruptcy and was assured by my lawyer I had nothing to worry about in regard to losing my condo. However, in reading the loan papers it clearly states if I file bankruptcy I will be in default on my loan. If I can come up with the money owed before my 341 meeting with the creditors what will happen if I pay the mortgate off? The bad thing is my mother is also on the loan papers and I in no way want anything to affect her credit rating. What are my rights?

    ReplyDelete
    Replies
    1. You indicate that you have an attorney, so I would suggest that you address this question from him. Additionally, I cannot "advise you of your rights" unless a formal attorney-client relationship has been created in a separate written document.

      Generally speaking, many loans contain terms that will hold the borrower in default in the event of bankruptcy. The existence of these default clauses should be carefully considered in the debtor's decision to file for bankruptcy. That being said, just because the bank has the right, does not mean that they will exercise it. With the number of foreclosures currently pending, and new ones added every day, the banks are inundated with foreclosure cases for people NOT paying their mortgage, never mind people that are current.

      Still, you are correct - the bank may foreclose pursuant to the terms of the loan document. However, first realize the bank wants your money. They are in the business of getting money, not selling real estate. They would rather have your payment for the next thirty or so years, and not your house which they then have to market and sell, and hope they make at least what they loaned you.

      You may have other equitable defenses as well, but in order to fully understand those, you should speak to an attorney in your applicable jurisdiction.

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  12. I am the primary on a loan the cosigner filed for bankruptcy. Neither one of use have paid for the loan in 3 years. First the loan had a balance of zero now it is back up with late payements. How can I get it off my credit

    ReplyDelete
    Replies
    1. If you are the primary obligor on the loan, the only way to "remove" if from your credit is to pay the loan off in full, or obtain a release from the creditor in exchange for payment. I am unsure what you mean by "had a balance of zero" if the loan was in default (not paid) for three years. However, the fact that your co-signer filed for bankruptcy does not change your obligation to repay the debt.

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  13. I cosigned a vehichle for my fiance. He has now decided to file for bankruptcy and put the vehichle on there. Will anything happen to me?

    ReplyDelete
    Replies
    1. You will receive notice of the bankruptcy as a co-debtor. Also, the lender may choose to pursue you in the event that your fiance decides to surrender the vehicle back to the secured creditor. You will be liable for any deficiency that was discharged by the bankruptcy court However, if your fiancee elects to keep the car (by reaffirming the debt or redeeming it through the bankruptcy), then the car will ultimately be paid, provided that he makes all payments under the reaffirmation agreement.

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  14. My mom filed bankruptcy. She is the primary on the car. I'm under contract to buy a home. My broker pulled my credit report and the car is completely gone. My credit score dropped 50 pts. What can I do?

    ReplyDelete
    Replies
    1. If you are a co-borrower, and the primary borrower files for bankruptcy, you are liable for the debt if the primary borrower does not pay. Therefore, the lender can enforce its rights, including the ability to report the status of that loan on your credit report. It is not clear from your question, but it sounds as though the loan is not being accurately reported on your credit report. I suggest you contact an attorney who handles consumer protection or collection defense cases in your state.

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  15. I filed chapter 13. I was the primary on a car loan that went in the chapter 13. Can my cosigner pay for the car? He is upset it is showing 120+ days late so he just wants to pay for it to get it off his credit. Can he do this if so do i have to refile my ch 13?

    ReplyDelete
    Replies
    1. The co-borrower may elect to make the car payment, but if the expense in your Chapter 13 plan is no longer being paid by you, it may be necessary to amend your chapter 13 plan. Alternatively, the payment by the co-signer could be viewed as income to you (according to the bankruptcy court), and thus require an amendment to your Chapter 13 plan. Please speak to your Chapter 13 attorney in your state to determine the procedure for amending your Chapter 13 plan.

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  16. My mother wants to file for bankruptcy due to an ungodly amount of hospital bills. I am the cosigner on a car loan. Neither of us can afford to make the payments on the vehicle at this time. I'm confused about what would be the better option to go. Chapter 7, if I'm not mistaken would still leave me liable, but chapter 13 we would both be granted a stay, but still have to pay the loan back under a payment plan? Am I correct on this? What is the best route to go so that neither of us are stuck.

    ReplyDelete
    Replies
    1. You are generally correct. However, without knowing your state of residence, whether is makes the most sense to file a Chapter 7 or Chapter 13 is something to discuss with a bankruptcy attorney in your area.

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  17. I consigned for my daughter on an FHA mortgage 6yrs ago house is upside down I sunk a lot of money into the house no late payments but my daughter is about to go through a nasty divorce , we cannot sell the home and I can no longer help what is the best way to handle this situation . I understand my credit will be messed up but I cannot bail the home out. The husband has never helped with payments because of mental issues.

    ReplyDelete
    Replies
    1. Anyone facing bankruptcy (to address a home with negative equity) and a divorce should immediately consult with both a divorce attorney and a bankruptcy attorney. What options will best protect the individuals involved is largely governed by the specifics of the case. However, because you will not be a party to the divorce or the bankruptcy, I suggest you consult with your own individual attorney to protect your financial interests, if possible.

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  18. I have recently filed chapter 13. Approx 10 yrs ago I was a co borrower, my mother was the borrower it was an equity line of credit we took out in the amount of $40,000.00 my mothers condo was the collateral at the time my name was on the condo I have since filed a quit claim deed.
    My mother received a notice from the lender that her home equitey line has recently been reviewed and according to the Home Equity Line of Credit Agreement if the lender determines that your financial circumstances have changed you may no longer meet the lenders credit standards we may restrict the line based upon this review we are restricting the use of the lne because we resonably beleive that ou will not be able to meet your repayment requirements due to a material change in your financial circumstances. Specifially the principal reason that we have restricted the line to future advances is that your co borrower filed bankrupcy, In addition the following changes have also occurred
    Online/paper statements will no longer be produced and or mailed
    If your payment was previoulsy made by an automatice loan repayment deduction from a deposit account this has now been discontinued

    I then received a notice on the same account listing that they are restricting the same line because I filed bankrupcy.

    This account was under the bankrupcy because it appearred on my credit report. I had a sole responsibilty to my mother to pay back the loan each month since I had intiailly borrowed the money for a down payment on the home I live in now.

    Is this debt now going to be wiped away as well with the Chapter 13?
    The lender removed the line from my mothers on line banking accounts
    and sent her this notice.
    Will my mothers credit be affected? Why are they saying they will no longer send her peper statements if she as the borrower still indeed has a responsibility to pay this debt?

    I am confused

    I am confused

    ReplyDelete
    Replies
    1. You are asking very specific factual questions that should be directed to an attorney. You should bring the notice and bankruptcy information to an attorney for advice about your specific situation.

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  19. If i filed bankruptcy last year and i wanted my father to co-sign on a car loan now, would he have to find out i filed bankruptcy in the past? Will he see my credit or hear about it at the closing?

    ReplyDelete
    Replies
    1. Probably not, as there is no reason to address credit issues at the closing. While these might be an issue while you are in the process of obtaining the loan, I do not see them being an issue at closing.

      Of course, anything can happen, so I make no guarantees, but if you have already obtained a commitment letter, the credit check it done. All that happens at closing is you obtain title to the property and incur the financial obligations under the mortgage and note.

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  20. My mother filed for bankruptcy and she is the primery on the auto loan. I tried re-finacing the loan through another company but was told they couldn't take it because it was never reaffirmed. I've been making payments because I want to keep the car, but i want to have that loan under my name. What can i do?

    ReplyDelete
    Replies
    1. I suggest you speak to a bankruptcy attorney in your state. Bankruptcy law requires that any loan secured by personal property (such as a car loan) must be reaffirmed, otherwise the debtor is required to surrender the vehicle to the lender. The fact that your mother still has the car in her possession and did not sign a retainer agreement means that the ultimate question of ownership of the vehicle is uncertain. A bankruptcy attorney in your state can advise you whether is makes sense to keep the current arrangement, or re-open the bankruptcy case to file a reaffirmation agreement.

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  21. I have been living in Maryland for over a year, I would like to look into filing bankruptcy, i'm not sure of a chapter 7 or 13, I have student loans that I know I'm stuck with plus I have a car I make payments on time and would like to keep, however I have medical bills amounting to $15,000.00 and a co-signer on my ex boyfriends car, which I dont make any payments on. Can I file for bankruptcy and if so will it remove me from my ex-boyfriends loans. I dont have a home or any other assests.

    ReplyDelete
    Replies
    1. Please contact a qualified Maryland bankruptcy attorney. They will be able to best evaluate your case, and decide if Chapter 7 or Chapter 13 makes the most sense in your situation. Choosing one Chapter over another can have far-reaching consequences, and certain issues, such as exemptions, are governed by state law. I suggest you reach out to an attorney in your area as soon as possible.

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  22. My husband and his ex had had a mortgage loan together . They split like three years ago , but my husband kept making payments to the mortgage company every moth . She filed bankruptcy Chap 7 and it was discharged Dec 2011. Now my husband can't get a car loan because on his credit it states both mortgages 1st & 2nd was discharged in BK Cap 7 . Needless to say he is getting denied credit due to HER filing BK . He had her when she first left the home sign a quit claim deed and he had a remod loan done with a smaller interest rate under his income alone .i HAVE SENT DISPUTE NOTICES TO ALL THREE CREDIT AGENCIES ... will they take the BK off his credit report ??? Also , we contacted both lenders and was told it's the law for them to NOT report his payments and they have to put the bk on his credit report. This will be on his credit for 10 years ... we are stuck . Please any advice might help ... i contacted an attorney but she was no help really !

    ReplyDelete
    Replies
    1. If your husband continued to make payments on the mortgage and has paid it off via a refinance, and was not a party to his ex-wife's bankruptcy, then there is no reason why his obligation to the bank would be discharged, and any information contained in his credit report to the contrary is incorrect.

      Beyond that, I do not know the specifics of your case, or your state. The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) would set forth your husband's rights, as well as the procedure for challenging the incorrect information. You can view the law here: http://www.ftc.gov/os/statutes/031224fcra.pdf

      I would suggest you speak to a different attorney, particularly one who is familiar with the FCRA.

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  23. My dad is currently making payments on his Chapter 13 payment plan which includes a private student loan in which I am the primary borrower and he is the cosigner. Will that debt be discharged after he has finished making his payments, and will I then be responsible for the remaining balance? If the debt is completely discharged and I am not responsible for any remaining balance, will that appear on my credit report?

    ReplyDelete
    Replies
    1. Because of the numerous questions we have received in response to this post we have written a more specific post that addresses this issue more specifically: I am the primary borrower on a loan and my cosigner has filed for bankruptcy. What should I do to protect myself?

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  24. Hi my cousin needs to claim bankrupty but he is still paying the mortgage and truck payments on time, will he still loose these item in foreclosure?

    ReplyDelete
    Replies
    1. Continuing to make payments on time is only one factor in whether or not property will continue to remain in the possession of a bankruptcy debtor. Your cousin should consult with an attorney for a more in depth review regarding his debts, and the value of these items that he wishes to retain.

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  25. Question: I know I may sound repetitive based on the questions above. But I just want a clear/direct response to my inquiry: My step-father filed bancruptcy and I am a co-signer of a car loan. I am the one paying for the car for my use. The car was included in the bancruptcy scheduled and I don't think they disclosed me as a co-signer of the loan at the time of filing of the bancruptcy. The lawyer told me to just continue the monthly payments & remain current, and the lender will not take the car. He also said that we don't need to sign the reaffirmation agreement, since I am a co-signer and willing to continue & pay the car. Is the advise correct? Even If I was not disclosed as a co-signer at the time of filing of the bancruptcy, I can continue to pay & have my car and will not put my car into jeopardy?? Do I have the right on the car, especially I am the sole payor of the car and my step-father just signed the paper for my behalf?? Please advise as I need peace of mind and clarity on this matter. Thank you.

    ReplyDelete
    Replies
    1. Because of the numerous questions we have received in response to this post we have written a more specific post that addresses this issue more specifically: I am the primary borrower on a loan and my cosigner has filed for bankruptcy. What should I do to protect myself?

      Delete
  26. My sister and I bought a house together in 2010. We are both on the loan. She moved out seven months ago and I still make the payments on the loan for the house. She decided to file for bankruptcy because she has too much credit card debt. Will it affect the loan even if I pay the mortgage? She doesnt pay anything. But I'm afraid of the bank foreclosing on the house. Please help!

    ReplyDelete
    Replies
    1. In nearly every mortgage, there is a clause that dictates that if one party on the note files for bankruptcy, it will be deemed a default under the terms of the note, and the bank may accelerate the loan (e.g., demand the full balance due immediately). If the loan is not paid in full pursuant to the acceleration clause, the bank is entitled to foreclose.

      Consult an attorney in your state to review the terms of your specific mortgage. Options to assist you may be available, including refinancing the loan.

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  27. Ex husband and I separated in 2007 and legally divorced in 2009 (AZ). He was given the house which we r both on the mortgage. He has not been keeping up with any mortgage/HOA payments. He will NOT refinance. I don't have the finances to be able to pay for that mortgage either. Is bankruptcy an option to remove this mortgage/HOA problems off my credit? No idea why bank has not foreclosed on the house since it has been 3 years of late or no payments. Thank you for your help.

    ReplyDelete
    Replies
    1. Filing a Chapter 7 bankruptcy would eliminate your obligation to make payments on the property, and it would also eliminate your personal liability, if any, on any deficiency (e.g., unpaid mortgage balance) in the event of a foreclosure. Filing bankruptcy will not remove the debt from your credit report (it will show that it was discharged in bankruptcy and you will not owe the debt any more, but the information will be reported by the credit bureaus.

      However, I suggest you speak to a Arizona attorney. Some state laws prohibit the mortgage companies to pursue you for the deficiency, others permit the practice. It is important to understand the state mortgage laws, as well as the terms of the mortgage to understand whether "recourse" or "non-recourse" applies in your situation. Although it should not be the only factor in a decision to file bankruptcy, it should weigh in your decision. A bankruptcy attorney in Arizona should be able to assist you.

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    2. Thank you so much you answered my question! I will be seeing a bankruptcy lawyer for a consultation soon! Thank you again!

      Delete
  28. Hi, I tried to look for a similar post first, but couldn't find one specific. My husband co-signed on a bank signature loan for our son, and a year later we filed Chapter 7 and told our attorney not to include that particular debt. There was a mis-communication and the debt was discharged regardless, and now our son's credit has suffered greatly as a result. He has contacted all the Credit Bureau's requesting the information be removed. He also spoke with the bank explaining the situation and they told him it would be taken care of, this has also been to no avail. We are going on for 4 years now and don't know what else to do to make this right. We have thought about contacting the bank and asking if we pay back the amount that was owed if that could possibly clear it. Any advice would be appreciated. Thank you.

    ReplyDelete
    Replies
    1. Without additional information, I would assume that your son's credit was damaged because he did not pay the loan, not because of your bankruptcy.

      Loans with multiple guarantors don't just go away when one obligor files for bankruptcy. Just because the debt was discharged as to your husband as part of your bankruptcy, your son still remains obligated on the debt.

      However, if your son has paid the loan in full, the Fair Credit Reporting Act requires that all information reported to the credit bureaus be accurate. If they loan is reflected as delinquent (i.e., unpaid) and your son has been making on-time payments every month from his account, in his own name, then I recommend you consult with an attorney to bring an action against the lender to force the accurate reporting under FCRA, and seek damages, if any, resulting from their inaccuracies.

      In any case, this debt (if it is, in fact, unpaid) belongs to your son, not you. If you are a co-signer, and he was the primary borrower, than it is HIS obligation to repay the debt, not yours. Your obligation as co-borrower was discharged in the bankruptcy. The remaining obligation as primary borrower survives your bankruptcy, and falls squarely on his shoulders to bring current.

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  29. I got a car for a relative completly in my name because it was a better interest rate, thus a cheaper car note. For about 3 years they paid the note without any problem and then decided they wanted another car. They didn't trade this car in and for about 4 months paid both notes and then just stop paying the one I had financed for them. Well the car ended up being repossed and thus is now on my credit. I did a civil law suit and won the case against them for the balance that remains after the auction. I have a judgement in district court that states "plaintiff recovered of defendant in said amount a judgement without waiver of examptions" for the sum. I also did a garnishment on it, but there was a preceeding one and has been for over a year now. I am going to record this in probate court. The relative has now filed for Chapter 7, what are my rights in trying to not get this judgement to remain to where I can collect the amount?

    ReplyDelete
    Replies
    1. Anonymous: I believe this post from the Kelsey & Trask, P.C. Bankruptcy Blog will be helpful to you.

      I'm Suing Someone and they Filed for Bankruptcy

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  30. When I filed for divorce my ex wife and I agreed I would keep the house (she would sign it over) she would keep and continue paying the car (the loan is under my name). On the paperwork it states we both agreed on this. Now, she found out I am with someone else and she decided that she was no longer going to pay for the car. I checked my bank statement and they automatically deducted the car payment from my account without my conscent, because she did not pay for it this passed month. I am not certain as to what I should do? I would appreciate any advise regarding this matter.

    ReplyDelete
    Replies
    1. Anonymous, Thank you for your question. An agreement in a divorce does not include the lender as a party, so they are not bound by it and you still owe the lender. However, you may have rights to collect against your ex-wife for her failure to abide by the agreement. In Massachusetts this would likely be a Complaint for Contempt in the Probate & Family Court. I suggest you consult with a divorce attorney in your jurisdiction.

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    2. Thank you for your prompt reply.

      Would it be a similar situation in Arizona?

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    3. You'd have to ask an Arizona attorney.

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  31. POST CLOSED FOR COMMENTS: Thank you everyone for your interest in this post. For related information check out:

    I co-signed a loan and the primary borrower has filed for bankruptcy. What should I do to protect myself?

    I am the primary borrower on a loan and my cosigner has filed for bankruptcy. What should I do to protect myself?

    If your cannot find the answer to your question in one of those posts then please feel free to contact us directly.

    ReplyDelete
  32. Hello i am a cosigner on a car loan in GA. the borrower filed chapter 7 and reaffirmed the loan. i tried to take over the car but they had been to far behind. I can not get completely caught up what happens if i let the car go back?

    ReplyDelete
    Replies
    1. If the borrower reaffirmed, then you both still owe the loan. If the car is repossessed and sold then you still both owe the portion of the loan that was not covered by the sale.

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  33. My son is filing bankruptcy. We are the cosigners on his house loan. Will this affect our credit rating? I also just read about an "acceleration clause" from your article that could be in our loan. Didn't even know about this when we signed the papers. Where would I find this information to see if this is in our loan? Now I'm worried...

    ReplyDelete

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