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Established Member
Penister1983
Posts: 13
Registered: ‎09-01-2011

Liable or Not ?

I co-signed for a car for my step dad in 2002. In 12/2006, he filed Chapter 13 bankruptcy, and the car was included. The last date of payment was 12/2006. If the car was included in his bankruptcy, am I still liable for the car ??

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Valued Contributor
starry1
Posts: 2,071
Registered: ‎11-29-2012

Re: Liable or Not ?

Yes, they can come after you for the balance.

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shols44
Posts: 397
Registered: ‎11-03-2012

Re: Liable or Not ?


Penister1983 wrote:

I co-signed for a car for my step dad in 2002. In 12/2006, he filed Chapter 13 bankruptcy, and the car was included. The last date of payment was 12/2006. If the car was included in his bankruptcy, am I still liable for the car ??


Confused. In a Chap 13, the debt is restructured and repaid. If he completed the 5 yr payment plan, there is no liability. 


Starting Score: 501
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Countingpennies
Posts: 464
Registered: ‎02-14-2013

Re: Liable or Not ?

Did he give the car up or was it repo'd?
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starry1
Posts: 2,071
Registered: ‎11-29-2012

Re: Liable or Not ?

 

Starting Score: 11/29/12 TU 527; EQ 565; EX 564 fako - bk7 dc'd 2/15/13
Current Score: 7/28/14 TU 605; EQ 635; EX 632
Goal Score:  625 for now– New goal 675

Cap1 sec $700 (SD) / FP $300 (closed) / Fingerhut $1300 / nRewards $2.5k / cashRewards $1.5k / NavChek $2.5k
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starry1
Posts: 2,071
Registered: ‎11-29-2012

Re: Liable or Not ?


shols44 wrote:

Penister1983 wrote:

I co-signed for a car for my step dad in 2002. In 12/2006, he filed Chapter 13 bankruptcy, and the car was included. The last date of payment was 12/2006. If the car was included in his bankruptcy, am I still liable for the car ??


Confused. In a Chap 13, the debt is restructured and repaid. If he completed the 5 yr payment plan, there is no liability. 


 

You're assuming a 100% repayment plan. If it wasn't,,there could be a balance on their books.

Starting Score: 11/29/12 TU 527; EQ 565; EX 564 fako - bk7 dc'd 2/15/13
Current Score: 7/28/14 TU 605; EQ 635; EX 632
Goal Score:  625 for now– New goal 675

Cap1 sec $700 (SD) / FP $300 (closed) / Fingerhut $1300 / nRewards $2.5k / cashRewards $1.5k / NavChek $2.5k
Amazon $1.7k / Walmart $1k / Von Maur $200 /Firestone $1.2k (last app 10/08/13)
Valued Contributor
Scupra
Posts: 1,144
Registered: ‎07-12-2012

Re: Liable or Not ?


starry1 wrote:

shols44 wrote:

Penister1983 wrote:

I co-signed for a car for my step dad in 2002. In 12/2006, he filed Chapter 13 bankruptcy, and the car was included. The last date of payment was 12/2006. If the car was included in his bankruptcy, am I still liable for the car ??


Confused. In a Chap 13, the debt is restructured and repaid. If he completed the 5 yr payment plan, there is no liability. 


 

You're assuming a 100% repayment plan. If it wasn't,,there could be a balance on their books.

HEY! Where did that navchek come from in your siggy??? Thought you were in the garden! Lol #threadjack over sorry!!! :smileyhappy:

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starry1
Posts: 2,071
Registered: ‎11-29-2012

Re: Liable or Not ?

What? I am in the garden. Been here since about 11 a.m.

Starting Score: 11/29/12 TU 527; EQ 565; EX 564 fako - bk7 dc'd 2/15/13
Current Score: 7/28/14 TU 605; EQ 635; EX 632
Goal Score:  625 for now– New goal 675

Cap1 sec $700 (SD) / FP $300 (closed) / Fingerhut $1300 / nRewards $2.5k / cashRewards $1.5k / NavChek $2.5k
Amazon $1.7k / Walmart $1k / Von Maur $200 /Firestone $1.2k (last app 10/08/13)
Established Member
Penister1983
Posts: 13
Registered: ‎09-01-2011

Re: Liable or Not ?

I'm really not sure......he's such a liar ! He said he did a VOLUNTARY surrender, but its showing up as an involuntary repo. The last payment(activity) on the car was made in December 2006, which is when under bankruptcy. He did provide me with his case number and attorney information to use in a dispute. I disputed, and they completely removed it from my transunion report. Then they removed it from my equifax, and then they placed it back on with an additional $2000 balance saying that a payment of $26.81 was made in 01/2012, which is not true. I disputed again, and now they've changed the last payment back to 12/2006, and the balance portion is left blank.

 

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Countingpennies
Posts: 464
Registered: ‎02-14-2013

Re: Liable or Not ?

Whether voluntary or not, you would still be liable for the difference. I'm not an expert on repos, cosigners and C13's (I was a 7), but if it were me, I would look up the SOL for your state. Also, do a search of court records for your county and state and make sure there isn't a judgement against you for this vehicle.

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