Kissimmee, FL asked in Bankruptcy for Florida

Q: If I am a co signer and my name is on a vehicle loan, can I file bankruptcy without filing on that loan?

Related Topics:
4 Lawyer Answers

A: You can not pick and choose. If you file bankruptcy, it affects all your debts and all of your assets.

Terrence H Thorgaard , Melissa Cain and Timothy Denison agree with this answer

W. J. Winterstein Jr.
PREMIUM
Answered

A: The Official Bankruptcy forms which every bankrupt must file in his/her cases require that the debtor list all debts and assets, signed by the debtor under penalty of perjury.

If you fail to disclose any claim against you or your estate of which you are aware, you will be opening yourself to a criminal charge of perjury, the penalties for which are quite severe.

It is never worth committing a felony while working to solve a financial problem.

Timothy Denison agrees with this answer

A: Yes, however, even though you have to notify them in your bankruptcy pleading, you will decide if you are going to reaffirm that debt or not. Your co-signor will still be obligated to pay on the vehicle.

Timothy Denison agrees with this answer

A: When filing bankruptcy, you must list all of your obligations. You must also inform the court of any possible rights you have in property.

However, this doesn't automatically mean the property will be taken away from you, or that you'll be forced to pay every debt you list on your petition.

Here, the auto loan may be somewhat unaffected, or you might be able to reaffirm the debt. The final determination is made by the court, often in conjunction with you and the lender. Your attorney will likely provide you with guidance on what to expect before you file your case. Good luck to you!

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.