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Asked 7/25/2011

Car loan, paid off, but title shows both names. Co signer files bankruptcy. Car attachaba?

Car & title in possession of person who made all the payments. Can car be attached as an asset of co signer and actual owner made to pay blue book price of car to the bkptcy court?

 
 
 
 
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Answer 1/2 - Submitted 7/28/2011

Courts being what they are, which is to follow the law, and laws being what they are, which is to be sometimes very mechanical, the payments you've been making could be construed as gifts.

When we partner with people in business, and when we cosign with them as joint owners, it's like a marriage. We sink or swim together.

The judge will listen to your plea if you state you paid everything and that you are willing to continue to pay as long as you own the car.

Actually, you could continue to co-own it because sometimes in bankruptcy they won't take a person's means of commuting to work. I take it, however, your friend is unemployed.

 
 

Answer 2/2 - Submitted 7/29/2011

One filing bkcy is very well off. Problem is the person he co signed for (to help younger person out getting a better interest rate)is now being told hi paid off car is an asset and he either has to give blue book value to the court ($5000) or surrender the car.

 
 
 
 
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