Will cosigner be notified?

[Movingon2010]

State of VA. I am seperated and may have to file pro se. I expect my income to be garnished by a creditor among other things and child support has suddenly stopped coming in. So am starting to really feel the pressure.
I have a car that me and ex are on title and loan together. He is listed as co borrower/cosigner. My name is listed first, his second.
I was behind on payments and have one more payment to catch up and will caught up before filing.
We are upside down on the car note I want to IIB but want to keep driving it and paying "ride through" IT is my only mode of transportation for me and my two kids.
If I include it in bankruptcy and put that I intend to reaffirm, but dont will ex still be notfied of bk? Cap one is the lien holder. Thnx

[AngelinaCat]

Yes, your co-signer will be notified. I am sorry to be that blunt, but any joint accounts that affects you in your BK will affect the ex.

Having said that, do you and your ex have any type of agreement regarding debts, disposition of property, etc., that *might* be useful? I put stars around the 'might', because I have read many other situations here that divorce decrees/agreements may not carry any weight in the BK Court in your particular district.

[Movingon2010]

No we have no documents at all except a child support order. Im guessing that by him being a co signer it will be easier to do a ride through considering they still have him on the hook. My plan is to pay regardless I just didnt want to have to deal with him possibly showing up at my 341 meeting or something out of spite.

[tcreegan]

Hi movingon2010,

My guess is that if you stay current on the loan, you will keep driving and your ex gets a letter in the mail...or not depending on what address they have on file. If you quit paying, ex gets more than a letter, he gets an attempt to collect the balance of the loan.

Ex can show up at the 341 but can't really do anything, just ask questions about your finances, same info that is in your BK filing anyway.

Good luck with everything, hope it all works out for you,

Tom in Colo

[Movingon2010]

They do not have his correct address. As far as they know we are still married (not seperated) and has his address and my address as the same. So I am guessing he will be notified by the Bk court not capital one

[Clabbergirl]

I'm in a similar situation and filed this past Tuesday. My lawyer required me to list any co-signers, and as current an address as is possible. I'm also afraid my ex will show up just to be difficult, but he has every right since he's got an interest in my filing BK. You didn't have some type of decree stating who took what and kept what from your divorce?

[Movingon2010]

Yes it does indeed sound like we are in the same boat. I hope yours goes well, you will have to let me know how it goes. Im doing all of this before we have anything in writing that would conflict with my ch 7. I wish you the best of luck:-)

[Clabbergirl]

Yes take care of the bk first. And best of luck to you too.