Legal Question in Bankruptcy in West Virginia

Re: Who is responsible

Under the facts you gave and assuming that the debt is properly secured with the vehicle; The car could be repossessed now. Both are liable for the debt and any deficiency. Following the bankruptcy of one of the co-makers, the other remains liable as does the car remain subject to the lien. Two important considerations. In a Chapter 13, the Automatic Stay prevents collection against the co-debtor and repo. In both a Chapter 7 and Chapter 13, the car can be redeemed for the fair market value. In a Chapter 13, the payments can be made over the life of the plan. There are other options. Your father should discuss it with his bankruptcy lawyer.