Asked 6/15/2011
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Co-Signer on Son's Car loan I am co-signer for my 19 yr old son's car loan, I also have a car loan for my own vehicle. I am considering filing for bankruptcy due to relocation and a substantial decrease in my monthly income. I would like to know if I did file bankruptcy would my son get his car taken away due to me trying to keep my loan with my car through the bankruptcy process? |
Answer 1/3 - Submitted 6/15/2011
Answer 2/3 - Submitted 6/16/2011
When filing bankruptcy you are required to list all sources of debt, including the loan for your son's car.
If your son is current with the payments, normally nothing will change. However, if the account is delinquent or your son is facing repossession and the bank is looking to you as the co-signer to make good on the loan, the debt could be included in the bankruptcy. If this happens, he may have to surrender the vehicle unless the debt is reaffirmed.
I recommend consulting a bankruptcy attorney for clarification. Many provide free consultation, even online. Here is one:
http://www.lawinfo.com/co-signers-spouses-and-othe rs.html
Considering bankruptcy is a tough decision for anyone. I wish you all the best, and hope this has helped in some way.
Answer 3/3 - Submitted 6/16/2011
As long as your son has the payments under control, or you're helping him make them, nothing will happen. Since you're the co-signer, the primary borrower still holds the chief responsibility for the loan.
The only way it would negatively impact him is if payments weren't being made, and the bank issuing the loan then looked to you. Seeing a bankruptcy being processed, they would probably speed up their process of repossession, or impose other penalties. Just make sure the account is in good standing and that your son is relatively stable before you file. As long as these conditions are met, your son's credit rating shouldn't be touched in any way by your own bankruptcy filing.
Hopefully, you co-signed the loan because he is young and didn't have a well established credit history. If he's responsible and able to pay the loan, then there shouldn't be any glitches from bankruptcy proceedings that are separate from his finances.
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