Does a co signer remain resposible for any debt erased by filing chapter seven bankruptcy? 3 Answers as of February 27, 2012
I am considering filing chapter seven bankruptcy. A large portion of my debt (car loan and plastic surgery) involves a co-signer. Will they remain responsible for repaying the debt should I decide to file chapter seven or will the debt be erased for them as well?Free Case Evaluation by a Local Lawyer!
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Free Case Evaluation by a Local Lawyer: Click hereThe Barger Law Firm | Jason W. Barger
Your co-debtor will continue to be responsible for his/her share of the debt, which is, most likely, 100% of the debt. Receiving a Chapter 7 Discharge legally relieves you from the obligation, but not other debtors. Further, you mentioned a vehicle: if you file a Chapter 7, you must continue to make the payments on the vehicle or you will lose the property. Further, if there are any arrearages on the loan, you will need to satisfy the arrearage or you will lose the property. Finally, if you file a Chapter 7, one of the documents is entitled, "Statement of Intention." On this document you must state whether you are seeking to "retain" the property (keep the car) or "surrender" the property (give it back). Also, you must state if you intent to "reaffirm the debt." If you want to keep the car and there is no arrearage, then a "Reaffirmation Agreement" must be filed with the court. After you file the case, the lender typically sends you this document, you complete the information and send it back to them. They then file the document. The Court then approves the reaffirmation of the loan.
Answer Applies to: Texas
Replied: 2/27/2012
Weber Law Firm, P.C. | William Weber
Yes. Your bankruptcy filing will erase your liability on a debt, but will not erase someone else's liability as a co-signer or guarantor of the same debt.
Answer Applies to: Texas
Replied: 2/20/2012
Law Office of Susan G. Taylor | Susan G. Taylor
The co-signer will remain liable
Answer Applies to: Texas
Replied: 2/20/2012





