Legal Question in Bankruptcy in Pennsylvania

I am a cosigner on an auto lease. The other party filed Chapter 7 Bankruptcy, and was discharged from the lease. She continued to make payments for roughly 16 months and drove the vehicle. Can I recoup the costs of damages and/or the balance due on the lease?


Asked on 1/16/14, 6:35 am

1 Answer from Attorneys

Co-signing is always a bad deal because in effect you are saying to the lender, "go ahead and make the loan because if the borrower does not pay, I will." And if the other person needed a co-signer it meant that she either had lousy credit or no credit. If the former, it meant that there was a good chance that the borrower would default on this loan too which is exactly what happened.

So she filed for bankruptcy and was discharged meaning that you are liable to the bank for the car lease. Because she discharged her liability for the lease, you probably cannot go after her for the money. The fact that she kept paying for 16 months was voluntary on her part. Nothing in bankruptcy stops a debtor from repaying. If they stop paying and the liability was discharged in bankruptcy and there is no reaffirmation of the debt then there is nothing further that a creditor can do.

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Answered on 1/25/14, 8:28 pm


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