Legal Question in Bankruptcy in Missouri

I am about to file bankruptcy and I am

going to claim a car I co-signed on.The car has been salvaged will that be a problem.


Asked on 2/09/10, 1:36 pm

1 Answer from Attorneys

Alicia Beeler Villines Alicia Beeler Villines (sole practitioner)

Short answer: No.

You are required to list ALL your debts in bankruptcy. You are also required to disclose codebtors. For secured debts (a debt where the creditor can take property if you don't pay)--you have 3 options if there is no codebtor: (1) Reaffirm, (2) surrender, or (3) redeem.

(1) Reaffirm means you keep paying according to the contract.

(2) Surrender means the creditor gets the property, you stop paying, but unlike a nonbankruptcy situation, there is no deficiency that will be owed.

(3) Redeem means you pay the current fair market value of the property in one lump sum and keep the property (unless it's a motore vehicle bought within 910 days of filing; then redemption isn't an option).

If there is a codebtor, you have a 4th option: Treat it like any other unsecured debt (example, credit card) and you are relieved of liability for the debt. Your codebtor (person you cosigned for) remains on the hook for it.

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Answered on 2/14/10, 6:32 pm


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