Legal Question in Credit and Debt Law in California

Well, hmmmm . . . interesting set of facts. First, you need to look into her bankruptcy to determine if she "Reaffirmed" the car loan. Odds are very good that she did not because the bank probably relied on the fact that you are still personally, and fully liable for the car loan, had not filed bankruptcy, so there was no reason to have her reaffirm the car loan.

If she reaffirmed the loan, then she is just as liable as you for any default, and her threats may be hollow. If, however, she did not reaffirm the debt, then you have a problem. You may still be 100% liable for the car loan, but do not have possession of the car. If she stops paying, she is correct in that the bank will come after you for full repayment of the loan, or a deficiency if they repossess the car and sell it auction. Unfortunately, you had some rights as a codebtor in her bankruptcy, but I assume you failed to exercise them (and may not even have been aware of her having done so at the time).

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