Portland, OR asked in Bankruptcy for Oregon

Q: I am thinking about filing for a bankruptcy, but have co-signed for a relative on a vehicle.

What problems will this cause my relative if I file.

Related Topics:
3 Lawyer Answers
Joanne Reisman
Joanne Reisman
Answered
  • Bankruptcy Lawyer
  • Portland, OR
  • Licensed in Oregon

A: It shouldn't cause a problem unless the purchase papers have some type of clause that triggers something when the co-signor files bankruptcy. You and the purchaser should review the purchase documents that you co-signed. I would be surprised if there was anything but since I can't assume there isn't I have to advise you to review the documents. Essentially your bankruptcy only releases you from debts you have contracted to pay. So the effect will be that you will no longer be liable as a co-signer. The purchaser of the car is still liable and I would expect that if the purchaser keeps making all the payments on time the creditor will be happy. The creditor still has a security interest in the vehicle. All that has changes is the creditor no longer has a co-signor to go after. (You will need to list the loan you co-signed on in your bankruptcy and the creditor will be notified.)

Mr. Michael A. Shurtleff
Mr. Michael A. Shurtleff
Answered
  • Bankruptcy Lawyer
  • Salem, OR
  • Licensed in Oregon

A: As long as the relative is making the payments it won't have any affect on them. You will no longer be obligated on the vehicle and they will just have to make sure and stay current on the payments.

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

A: None so long as your relative keeps making the payment. You’ll no longer be responsible for the debt and your relative will be solely responsible for the debt.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.