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Repossession
Co-signing
Bankruptcy Law

What do you do when your cosigner declares bankruptcy and the bank wants to repo your car which you have kept current?


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Wiki User
2005-01-27 11:00:45
2005-01-27 11:00:45

You pay the loan off in some way or make a large enough payment so you meet the banks guidelines for a loan on your own CR.

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The company wants their money so if the primary doesnt pay then the cosigner must. Their is no way of getting around this. Bankruptcy should be outlawed. If you cant afford things dont take on the debt.

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The answer is that the cosigner would be left responsible for taking over the payments. If the cosigner wants to maintain his or her credit rating (which is probably damaged due to your filing bankruptcy), If the consignor does not want the auto loan people to sue for any remaining balance, then he or she will need to keep making the payments. If the auto loan company sues for any remaining balance and gets a judgment, then the auto loan company will go after the assets of the consignor and or garish their earnings. attempt o seize their assets or garnish their earnings.

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Yes, that's exactly how it works. If you'd paid for the vehicle at the time of the co-signers bakruptcy you could have kept the vehicle and improved your credit. The creditor wants you to either pay for the remainder of the note or file bankruptcy yourself. * A loan for a vehicle is considered a secured debt and is not dischargeable by the primary borrower(s) or cosigner(s) in bankruptcy action. All parties named on the loan agreement are responsible for the debt unless the SOL for the state in which the vehicle was either purchased or the debtor resides has expired.

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If the cosigner wants ownership of the property they must arrange to be listed on the certificate of title. You need to check at your state DMV to determine the process in your state.If the cosigner wants ownership of the property they must arrange to be listed on the certificate of title. You need to check at your state DMV to determine the process in your state.If the cosigner wants ownership of the property they must arrange to be listed on the certificate of title. You need to check at your state DMV to determine the process in your state.If the cosigner wants ownership of the property they must arrange to be listed on the certificate of title. You need to check at your state DMV to determine the process in your state.

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If you're officially in bankruptcy, that puts a temporary hold on foreclosure proceedings. It doesn't matter what the bank wants, by law they have to wait with all your other creditors while the bankruptcy court sorts out who's going to get paid and how much.


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