Legal Question in Credit and Debt Law in Ohio

my mother cosigned on a camper loan for my ex. he has fallen about $600 behind on a $23,000 balance. she has been trying to get him to make payments but it has gone to the point of reposition and she just wants to catch up on payments and take them over. Once it has gone to the point of reposition is there anyway to still make payments. my ex is planning on filing bankruptcy and has no intention of paying anything on it but has it parked so it cant be towed out now court is being threatened.


Asked on 12/11/12, 1:39 pm

1 Answer from Attorneys
Daniel Gurtner Aucoin & Younkin, LLC

If your ex is planning on surrendering the property as part of a Chapter 7 bankruptcy filing, he will discharge his personal liability. At that point, as a cosigner, your mother is liable on the loan alone and she can either take over the payments and keep the vehicle or surrender it herself and be liable for any deficiency balance. If your ex plans to reaffirm the loan or keep the camper in Chapter 13, the answer is a bit more complex.

This response is based on the limited facts you have provided and is not intended to create an attorney-client relationship. I cannot provide adequate advice to you without meeting with you in person. If you would like to schedule a free consultation, please feel free to contact me.

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Answered on 12/11/12, 2:30 pm


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