Legal Question in Credit and Debt Law in Connecticut
Accountable for someone who filed bankrupcy
My husband co-signed for a truck/loan which my son filed bankrupcy and returned the truck to the GMC. After 6 months GMC is coming after us for the balance. We don't have the truck in our possesion why would we be obligated to pay something we don't have.
1 Answer from Attorneys
Re: Accountable for someone who filed bankrupcy
Because your husband co-signed for the loan. It doesn't matter what happened to the truck, he is still responsible for the difference between what they ultimately sold the truck for (if they sold it) and what the outstanding loan balance is.
It probably would have been better if your husband actually sold the truck himself and used that money to pay down on the loan. The reason is that GMC most likely won't get the best price for the truck.
Also, be aware that since your husband is the co-signer (and equally responsible for the loan)your son's bankruptcy does not relieve your husband of the debt. Furthermore, if the payments are or were late, it could go against your husband's credit score.