Can I file chapter 7 without including the car? 9 Answers as of March 02, 2017

My father cosigned on a car for me. I'm thinking about filing bankruptcy and reaffirming the car loan. If I do file would my father know?

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Benson Law Firm
Benson Law Firm | David Benson
No. All assets and liabilities must be included in your bankruptcy. And your father, as a co-borrower, would be entitled to notice.
Answer Applies to: Ohio
Replied: 3/2/2017
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
No, your father won't know. There is no reason for anyone to contact your father if you are making your payments on time. You have to include the car in the BK filing, but you need to indicate that you are keeping the car. The car lien holder may (or may not) have you sign a reaffirmation agreement. In any case, stay current with the payments and your father shouldn't find out. Good luck!
Answer Applies to: Colorado
Replied: 3/2/2017
Ronald K. Nims LLC | Ronald K. Nims
You can't select which debts to put in bankruptcy, all debts are covered. You can usually reaffirm on a car loan. Your cosigner is notified if you file bankruptcy.
Answer Applies to: Ohio
Replied: 3/2/2017
Stephens Gourley & Bywater | David A. Stephens
You can file chapter 7, but you must include the car, as you must include all debts. You can reaffirm the car debt so it does not affect the cosigner. Your father may find out because typically notice is sent to cosigners.
Answer Applies to: Nevada
Replied: 3/2/2017
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You must list the car. The law requires you list all of your debts. You can show him as a co-debtor but keep him off the mailing list.
Answer Applies to: California
Replied: 3/2/2017
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    If you file bankruptcy, you need to be willing to comply with the law and the law requires you to INCLUDE every debt. Fail to comply and you could go to prison, and your father certainly will hear about THAT. He will also hear about your bankruptcy if he looks at his credit report, because the vehicle loan will be marked as INCLUDED IN A BANKRUPTCY and he will not have any payments on the vehicle showing up on this credit report.
    Answer Applies to: Nevada
    Replied: 3/2/2017
    Garner Law Office
    Garner Law Office | Daniel Garner
    If you defaulted, your father would be liable, so he is a potential creditor whom you must list and notify of your bankruptcy. But as long as you make your payments, he would not be affected.
    Answer Applies to: Oregon
    Replied: 3/1/2017
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    You have to include the car even if you are reaffirming and yes your father would get notice.
    Answer Applies to: New Jersey
    Replied: 3/1/2017
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Your father would probably find out pretty fast-from the lender. Your best bet would appear to tell your father in advance, and tell him that you are reaffirming on the car loan-and then to be meticulous about making every payment. It is against the law to omit from your bankruptcy papers any property or any debt which you have.
    Answer Applies to: Wisconsin
    Replied: 3/1/2017
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