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NO, not unless he co-signor files B/K also. But do be sure to tell your B/K attorney that there is a co-signor.

2004-10-08 14:10:50
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Related Questions

Can a car be repossessed if involved in bankruptcy?

Depending on your state... a car that is included in a Chapter 13 Bankruptcy cannot be repossed. The Bankruptcy laws protect you from repossession. Just as long as you are in Chapter 13 and are making payments to the Trustee, your car cannot be repossessed.


Can my house be repossessed if my husband is madebankrupt but is not on the deeds?

Your husband's name is not on the deed, but is he on the loan? If yes, then it cannot be foreclosed and repossessed if the property is listed on his bankruptcy filing, and, as long as his bankruptcy payments are current. If he defaults on bankruptcy payments, then you can lose the property. If he is not on the loan, then your house can be foreclosed and repossessed.


If you filed bankruptcy and you have a loan you cannot pay because you lost your hearing and job can they go after the cosigner?

In most cases. yes.


How credit union collect bankruptcy loan that discharged?

If a loan from a credit union has been discharged in bankruptcy court, that credit union cannot collect and must write the loan off.


What happens if the motion for relief from a stay is denied?

Bankruptcy protection remains in place and the creditor who was denied the stay will remain a part of the bankruptcy and cannot attempt to collect the debt owed.


Can a debt collector still collect your debt if you file chapter 13?

No they cannot, as long as you included them in your bankruptcy. They would be in violation of Federal Law, and liable to suit and possible penalty from the bankruptcy court. The bankruptcy attorney, or the trustee should be notified about any collections on a bankruptcy account.


If in a chapter 13 can judgment be filed?

Not by one of the creditors. You have an Automatic Stay, which means that they cannot attempt to collect a debt outside the bankruptcy plan.


Can a cosigner on disability be sued if the principal takes bankruptcy?

Of course. The real question is, can they force you to pay? In most states, or under federal law, if your only income is SSI or SSDI, they cannot force you to pay.


Can a cosigner coowner repossess a vehicle if the primary has not defaulted payment on the loan?

A cosigner or coowner cannot repossess a vehicle. That is something the leinholder does.


What does automatic stay under title 11 mean concerning a repossessed car?

I'm assuming you are asking regarding a bankruptcy. An automatic stay is a utility of the court, that legally prevents contact with you from creditors after they have been notified of the bankruptcy proceedings. Once you file, the stay protects you and your proerty for as long as the stay exists. Once the BK is dismissed or discharged, the stay is lifted. While the stay is in effect, the vehicle cannot be involuntarily repossessed.


Can a debt collector demand payment for an amount that has been included in a chapter thirteen bankruptcy?

If bankruptcy is over and the debt was discharged, they creditor is forever barred from taking any action to collect the debt. If the bankruptcy is still pending, the debtor cannot contact you without permission from the bankruptcy court. In either case, you may have a claim for damages against the debt collector.


Can you get tax relief while being in a chapter 13?

The IRS cannot take collection action against you while you are in bankruptcy, which generally means they also cannot make any kind of deals with you (ie. offer in compromise, payment plan, etc would all be considered attempting to collect a debt, which would make them in violation of the bankruptcy courts). Unless you plan to work out a solution through the bankruptcy courts and implement it into your bankruptcy plan, you should just wait until the bankruptcy is discharged and then give the IRS a call.


Can you remove a repossession off your credit report if your cosigner has a judgment on the repossession?

No you cannot remove a repossession off your credit report if your cosigner has a judgement on the repossession.


What does it mean if the automatic stay is terminated by the bankruptcy court?

It means the protection aforded by BK, that creditors cannot try and collect from you, is ended and seizures, foreclosures, repos, etc can proceed.


If you are filing personal bankruptcy and have a truck you cannot afford should you have it repossessed and include the debt in the bankruptcy?

B/K depends on your situation and there is no standard advice. But that is likely the best thing to do. As you stated, you cant afford it.Ask your B/K attorney. S/he can advise you better. I agree with that answer. Talk to your attorney. Filing for bankruptcy is a legal process and can be complicated so it's important to work out your bankruptcy carefully. Bankruptcy is the best way to get relief from debt.Get advice on bankruptcy and how best to deal with your debts , This independent website has a lot of useful information: http://freshstartsolutions.com.au/bankruptcy/#bankruptcyoption


Can your cosigner take your car if you have been making payments on time?

The cosigner issue here is misplaced. The liability of a cosigner comes into play if the primary owner of the car cannot make payments. In the case presented, the primary borrower is doing fine. There is nothing a cosigner can do to take a car away.


Can you file bankruptcy on child support?

No, child support arrears cannot be discharged in bankruptcy.


What if the primary borrower files bankruptcy is the cosigner still responsible for making payments on the vehicle Can the co-signer take their name off the vehicle?

A Co-signer is always responsible for the item unless the primary borrower refinances and removes the co-signer. Unfortunately if the primary borrower filed bankrupcy it doesn't seem likely they will be able to refinance. Yes. Cosigner means that if for ANY reason the main borrower cannot pay, cosigner will be responsible to pay.


Should the balance of a creditor you filed chapter 7 on show zero on your credit report after it has been discharged?

No. Bankruptcy discharge does not mean the money isn't owed. It means that creditors cannot attempt to collect it. The money will always be owed. Accounts included in bankruptcy will stay on the cr marked included in bankruptcy, for the full seven years.


If the cosigner for a car loan lives in a different state but cannot travel can the dealer travel to them to get the cosigner forms completed?

U.S.Mail or Fax and a Notary Public is all you need.


Can you include probation fees in bankruptcy?

No. Obligations to the government cannot be discharged through bankruptcy action.


Can you file bankruptcy for lawyer fees?

You cannot file a bankruptcy directed at one single debt.


How can you find out if a garnishment has been stopped by filing bankruptcy?

Bankruptcy will not stop a garnishment. You cannot set aside civil judgments by filing bankruptcy.


How do you get your name off of an auto loan that you cosigned on if other party cannot get another loan and has nobody willing to take over as cosigner?

A cosigner cannot be removed from the debt obligation except by a refinancing of the loan without the original cosigner's participation.


What do you do if you stopped making payments on a car loan after filing chapter 7 bankruptcy and the creditor has refused to repossess the vehicle but will not release the lien?

A vehicle is a secured loan and cannot be discharged in bankruptcy. If a reaffirmation agreement between the lender and the borrower is not possible the vehicle is usually repossessed. However, the lender does not have a legal obligation to recover the vehicle. The lien will not be released until the loan is paid or settled to the satisfaction of the lender. Under new bankruptcy laws, the lender is entitled to collect the full amount of the loan plus any applicable legal fees and interest. This generally means that the lender will file a lawsuit to obtain a judgment which can be used as a wage garnishment, bank account levy or other method as allowed by the state laws to collect money owed.