Legal Question in Bankruptcy in Pennsylvania
Ex-fiance fileing bankruptcy - is a cosigner to car loan
I have a sticky situation. My daughter got a car loan 3yrs ago. Her fiance at the time co-signed the loan. Now, they have broken up, and he has moved to California (we're in PA). He has indicated that he is going to file bankruptcy. Does this affect the car loan?
All replies and opinions are appreciated - Thanks.
1 Answer from Attorneys
Re: Ex-fiance fileing bankruptcy - is a cosigner to car loan
Short answer -- if the ex-fianc�e files bankruptcy it will have effects on the car loan.
It is likely the car finance company will not make an issue of this. What in effect will happen if and when the ex files is his liability as cosigner will be eliminated in the bankruptcy case. However, I believe if your daughter simply continues to make all payments in a timely fashion she will keep the car without any difficulties. There is the slight chance that the car finance company would attempt to have your daughter apply to refinance in her sole name. If she has been making payments for a substantial amount of time then she should qualify to refinance without any cosigner.