I am a cosigner that needs advice

[jameschamp]

Hello,
I have a question about a situation that I am in that I am lost in what to do.
I cosigned a car load for a girl I used to date, and since then has filed bankruptcy against me and all of her other creditors. A few months ago, she quit paying on the loan, leaving me to take over the payments (which I have been paying). I was told if I contacted her (being I am classified as a creditor), I can get into trouble. What kind of trouble can I get into, and what kind of proof does she have to have that I am harassing her. The issue is that I am being falsely accused of trying to contact her, and I don't want to get in trouble for something I did not do.

Thank you

[JollyGG]

I would recommend speaking to a couple of bankruptcy attorneys or creditor’s right attorneys yourself to look at your options in regards to this car.

My best guess would be that you need to put in a motion to lift the automatic stay so that you can repossess your vehicle. Or simply wait until her discharge and get in contact with her about repossessing your vehicle.

The automatic stay prevents you from any efforts to collect on a debt while she is in an active bankruptcy. However, as this is a secured debt the creditor always has the right to their property. They just don't have the right to go after any deficiency balance due after the property sold. I would assume that you would have the right to go collect the vehicle as you are the one making payments. However, I am really not familiar with this situation and I would recommend that you proceed on the advice on a good lawyer.

Most bankruptcy lawyer will give free consults where they tell you what they can for you, how much it will cost you, and answer you questions.

You could also seek out a creditor’s right lawyer if you can't find a bankruptcy lawyer who can answer your questions.

[jameschamp]

Thanks for the reply, unfortunately somehow the title was put into her name and I have no legal right to touch it. My main concern is the false accusation of me trying to contact this person and I don't want anymore trouble. I don't really care about the paying the loan, I just don't want anymore trouble. The bankruptcy was completed a few years ago and somehow I am still having to deal with this person. Just trying to find out what to expect if this happens (typical fines and penalties) and and maybe what to do. I guess I will have to seek legal advise as much as I really don't want to.

Thanks

[lrprn]

...unfortunately somehow the title was put into her name and I have no legal right to touch it.

If you co-signed the loan, then you are a co-owner. She should not be listed as the sole owner on the title. I would dispute that immediately.

My main concern is the false accusation of me trying to contact this person and I don't want anymore trouble.

The reason you can't contact her directly about the car is that the bankruptcy law prevents that contact - it's called the automatic stay. Creditors listed in the bankruptcy are not allowed to contact the filer in any way (in person, in writing, on the phone, etc) after they file.

As JollyGG already said, set up a few free consultations with experienced bk lawyers in your area. There's no obligation and you can find out what your options are in this unfortunate situation.

And IMHO you are being WAY too nice here to not do whatever is necessary to get the car into your possession and at least sell it to reduce what you owe on it.

[jameschamp]

I contacted a BK lawyer and he turned me down, saying that he does not represent creditors. What other type of lawyer should I seek?

[arkienurse]

I contacted a BK lawyer and he turned me down, saying that he does not represent creditors. What other type of lawyer should I seek?

I would think any lawyer in your area, especially the bk lawyers, could at least give you the name of a lawyer that represents creditors.

Good luck.

[JollyGG]

It probably wouldn't hurt to contact a few other bk lawyers as well. There are actually quite a few who work on both sides of the fence. Or at the very least can refer you to someone who can help you.

[Flamingo]

I contacted a BK lawyer and he turned me down, saying that he does not represent creditors. What other type of lawyer should I seek?

Look in your phone book under your "state" section. Find your State Bar Association. Call them and ask them for names of lawyers in your area who would handle your situation.

[jameschamp]

That is a mighty good idea. I will try that and let you know. I have had three bk lawyers turn me down so far, maybe this will help. I will let you know. Thanks for all of the advise on this matter.