Lindley, NY asked in Bankruptcy for New York

Q: if you have 2 people on auto loans and personal loans , and 1 party files bankruptcy. does the 2nd party become responsa

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5 Lawyer Answers
Karra Kingston
Karra Kingston
Answered
  • Bankruptcy Lawyer
  • Staten Island , NY

A: Yes if you took them

Out together and one filed the other person will be liable

Jonathan David Warner agrees with this answer

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Yes

Jonathan David Warner agrees with this answer

Michael David Siegel
Michael David Siegel
Answered
  • Bankruptcy Lawyer
  • New York, NY
  • Licensed in New York

A: The second party was always responsible, even if the other typically paid. As the only non-bankrupt, the second party will definitely be liable.

Jonathan David Warner agrees with this answer

Leonard R. Boyer
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Answered
  • Bankruptcy Lawyer
  • Clifton, NJ

A: Any remaining party would be the only one obligated to pay the loan. The other party would be the only one liable. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.

Jonathan David Warner agrees with this answer

Jonathan David Warner
Jonathan David Warner
Answered
  • Bankruptcy Lawyer
  • Albany, NY
  • Licensed in New York

A: Actually, the second party would have been responsible from the very start - co-signing a loan results in immediate liability for payments, regardless of whether they're being made by someone else or not. If you cannot make the payments after your co-signed party defaulted, you may qualify for bankruptcy relief. Your next best step will be to reach out and consult with a bankruptcy attorney in regard to this matter.

Good luck.

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