Is there anything I could do if the car lender is going after my spouse to reaffirm the debt or come after the rest of the loan? 3 Answers as of September 18, 2017

I was the buyer and she was a co-buyer on the contract. I just filed on my own a chapter 7 bankruptcy and I surrendered the car as part of the bankruptcy because of the payment was too high for our budget. My debt was discharged.

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Yes, they can come after your wife. That is why I have a serious discussion with my clients when only one spouse want to file for bankruptcy protection. A co-signer agrees to be liable if you default.
Answer Applies to: California
Replied: 9/18/2017
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Not really, if she cosigned with you.
Answer Applies to: Colorado
Replied: 9/18/2017
Ronald K. Nims LLC | Ronald K. Nims
Your spouse can't reaffirm the loan only the person who filed the bankruptcy can reaffirm. In any case, your wife is liable as the cosigner, the bankruptcy eliminated your liability but not hers.
Answer Applies to: Ohio
Replied: 9/17/2017
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