My ex-partner is on the verge of bankruptcy. I co-signed her loan for her vehicle. The outstanding loan balance is $12,000 and the vehicle is valued at $10,000. What will they claim: the vehicle's value or the outstanding loan balance? If I have to repay, will I become the owner of the vehicle? Will I be able to take possession of the vehicle, or will the trustee take possession of it?
It depends. If you're only a guarantor, the lender will claim the outstanding balance from you after the sale.
If you're a co-owner and co-borrower, you could continue the loan.
You would benefit from discussing this with the lender as soon as the bankruptcy is declared.
If you're a co-owner and co-borrower, you could continue the loan.
You would benefit from discussing this with the lender as soon as the bankruptcy is declared.
Questions reliées
- A month before our separation, we bought a boat using a joint line of credit. My ex kept the boat, which means I still have a loan in my name that I have no control over. What are my options for removing my name from the joint loan?
- A year ago, I signed a car-sharing agreement with my ex-partner. We have since separated, and I have experienced significant financial difficulties and am planning to file for bankruptcy. Given my inability to pay for the car, can I include it in the bankruptcy proceedings? If my ex is ultimately held responsible for the car, can he take legal action against me and demand payment or anything similar? The car payments haven't been made for four months, and it will soon be repossessed by the finance company.
- Are the monthly bankruptcy fees the same for everyone, or do they depend on income? Also, if my spouse and I both want to file for bankruptcy, will we have to pay twice or only once? We have joint debts and each have personal loans. How does this work in that case?
- Does a protection clause also apply to a tax/government debt if I inherit during or before bankruptcy proceedings? And if the death of the person leaving an inheritance occurs before bankruptcy but bankruptcy proceedings have not yet begun? Is that inheritance still subject to seizure?
- Does marrying someone who is personally bankrupt (not discharged) make me responsible in any way or affect me personally?