Legal Question in Bankruptcy in Georgia

Co-Borrower Auto Debt

I recently learned that a debt collector is trying to collect a debt from a family member that I co-signed for. The debt was time-barred but I claimed it and included it in my bankruptcy earlier this year and it was discharged. Is it legal for the company to try to collect again? Is there a law regarding this?


Asked on 9/12/05, 8:52 am

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Co-Borrower Auto Debt

Bankruptcy only discharges your debts, not the debts of others. Therefore, the creditor can still try to collect the debt from the other borrower.

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Answered on 9/12/05, 8:57 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Co-Borrower Auto Debt

Your bankruptcy doesn't wipe out the debt owed by the cosigner.

Note that if the cosigner wants to go bankrupt a new harsher bankruptcy code goes into effect October 17, 2005, and it will make it harder and more costly to file a case. If the cosigner is interested in filing a case, the cosigner can get a free worksheet at www.glenashman.com and then call us at 404-768-3509 for an appointment to get started.

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Answered on 9/12/05, 10:22 am


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