HELP Please!!!! Auto loan discharge ?

[Lisa85]

Hello forum ,

Sorry if this question has already been answered but I coould not find a thread that really answered my question? Anyone who knows of any please send me a msg.

Well here is my situation / question So I have all my documets prepared to go and file pro se Monday 12/7.I was listed as a cobuyer on a car with my ex boyfriend. When I first decided to file we were still together and I had planned to surrender the vehicle in my BK and we agreed to get a cheap vehicle from a tow yard until we could do better. So in my BK I told the doc preparer to state that I was going to surrender the vehicle because when I originally met with him 10/28/09 that was my plan.Well know things have changed and the vehicle is no longer in my posesion because he took the vehicle when I left. So now I am unsure wether this will cause problems with my BK bieng discharged If I can't convince him to give me the car back. The payments are behind . He can't afford the vehicle.

Any feedback would be so appreciated. I want to file tomorrow but unsure what to do ..........

Thanks in advance

[DebtEnder]

He will be left legally obligated for the car if he signed off on it with you. The lender will start calling him for the payments and if he does not make them, send the repo man.

You don't give the car back to the court but the lender and the lender goes thru the normal repo process after the bk is done.

[Lisa85]

Thanks Debtender

Thanks for the prompt reply. Maybe Im just freaking out . I want things in flow smoothly with my case. I dont want the loan company to think I am trying hold out on there piece of crap . They have called me but I have not told them that I am filling BK . They are calling asking for money or the car , but I refuse to give them money for a vehicle I dont have and I dont have the car. The car is only worth KBB 1,000 in good condition but 4,800 is still owed . Does anyone think the will show to my 341?

Thanks Forum

[AngelinaCatHub]

Well this is still unclear. Who owns the car? Who is on the mortgage? If he cannot pay the mortgage and you listed in bk, you are off the hook and they will sue him for the deficiency. If you own the car, he has stolen it. Make a report. If the Title is in an "or" state, he, or you own it separately. If it is an "and" state, you both equally own it, but you are giving your part of it up, and as stated, if it is repoed, he will be sued for the car. 'Hub

[Lisa85]

In respons to Angelinscathub. He is the buyer on the car and I am the co-buyer ( he needed my income to get qualified for the loan, but my credit was not so great. So I guess that Is why I am a litte confused because he is the actual buyer .

[whipster1]

You just surrender your interest. If the company wants to repo that is between them and Ex.

[Lisa85]

Thanks Whipster1

Thanks alot That is good to know. I guess I can get a goodnites sleep and be at the court house first thing in the morning.

[shabam]

As long as you have included the car, it's his problem now.

[AngelinaCatHub]

In respons to Angelinscathub. He is the buyer on the car and I am the co-buyer ( he needed my income to get qualified for the loan, but my credit was not so great. So I guess that Is why I am a litte confused because he is the actual buyer .

OK, so you are a joint signer of the debt. It is like a cosigner. I (like a stupido) cosigned for an acquaintance and he defaulted. He was grossly upside down, I found out that he owed 17k on a car worth 8k and sold at auction for 6k. I was being sued for the deficiency until I bked. The debt was discharged and they went after him and successfully sued him. You are off the hook. Again question; are you on the Title at all? It does not really matter as the car will be picked up and you will be discharged, he will be sued. 'Hub

[Lisa85]

Thanks forum

I trully appreciate all the feed back . I love this forum