Debating on having the Mrs. File BK

GLIGUY23 · ‎06-12-2009

Today we both received a summon to appear in court for a Judgement. The amount of the judgement is $14000 including interest ($5K)

This was for an Auto loan we both went together on back in 03 that was repo'd in 05. Just recently I have been working my butt off to clean my credit for a home loan.

This is the only account we are joint on. If she files BK do they stop ALL collection activity?

If she files BK are they still able to summon both of us to court? or will they have to wait till its been discharged before they can go after me? Or am I just screwed?

EQ:702 TU:662 EX: 701 - 11/06/19
EQ: 678 TU: 712 EX: 730 - 8/2/2013
EQ: 677 TU: 683 - 04/07/12
EQ: 560 TU: 591 EX: 581 - 12/29/08

GLIGUY23 · ‎06-13-2009

Anyone?

EQ:702 TU:662 EX: 701 - 11/06/19
EQ: 678 TU: 712 EX: 730 - 8/2/2013
EQ: 677 TU: 683 - 04/07/12
EQ: 560 TU: 591 EX: 581 - 12/29/08

Anonymous · ‎06-13-2009

If she files, you're still liable and they come after you. They don't have to wait for anything to come after you, sometimes they summon both people at the same time.

GLIGUY23 · ‎06-14-2009

@Anonymous wrote:
If she files, you're still liable and they come after you. They don't have to wait for anything to come after you, sometimes they summon both people at the same time.

I thought the stay lift protected a co-debtor in a chapter 13maybe I am wrong.

http://scvbankruptcy.com/articles-lawyers-chapter-13-codebtor-stay.html

EQ:702 TU:662 EX: 701 - 11/06/19
EQ: 678 TU: 712 EX: 730 - 8/2/2013
EQ: 677 TU: 683 - 04/07/12
EQ: 560 TU: 591 EX: 581 - 12/29/08

Anonymous · ‎06-19-2009

Keep reading. They motion the court to come after you. Unless she is paying them in the bankruptcy, they have the right to try to get money from you. I'm guessing she'd be paying them at zero, so the judge would probably grant it under the guise of "he could always file too if he wanted protection".