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Cosigner's Liability After Debtor's Bankruptcy

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  • 10-31-2009, 06:47 AM
    pedantic
    Cosigner's Liability After Debtor's Bankruptcy
    My question involves court procedures for the state of: VA

    My ex and I purchased a home together. By together I mean he financed it and I was added to the deed. In order for him to qualify I paid off some of his debts. We split over a year ago. During the split I agreed to remove my name from the deed, in exchange of him repaying the debts I paid and financing a vehicle he wished to keep that was in my name. I held up my end, however he only held up part of his. For the past year I have asked multiple times for payment, to no avail. He has now told me take him to court, as he is filing bankruptcy and will just add my suit to the filing.

    Facts
    He owes nearly 8K
    Had first BK hearing late August 09, Chapter 7
    One of the loans I paid I was a cosigner on & the company no longer exists

    Questions
    What is the statue of limitations? I paid debts in 06, but moved out in Oct 08.
    Is there a way to keep my suit as a creditor out of his BK Filing?
    Will I only have a chance at half of the debt I was a co-signer on?

    I have also paid nearly $600 in vehicle taxes for the past year that he claimed he would pay for, but didn't have the $ at the time the bills came in. Since both of our names were on the vehicles and the interest would be outrageous I paid, but would also like a refund of that as well. Roughly $500 paid in Dec 08, the remainder is due Dec 09. NOTE: This isn't the entire bill, I am paying for the vehicle taxes on the cars that I had, these amounts are for the vehicles that were "his".

    Any additional advice or guidance would be greatly appreciated.
  • 11-02-2009, 10:06 AM
    Mr. Knowitall
    Re: Cosigner's Liability After Debtor's Bankruptcy
    Exactly what debts are you talking about? The mortgage? The statute of limitations is not a monolith - when the creditor's cause of action accrues and the length of the limitations period can vary with the specific facts and the type of debt at issue.

    If you've removed yourself from the title to the real estate, you have no interest in the real estate. Doing that without being removed from the mortgage is a recipe for exactly the type of disaster you're presently in.

    You're obviously going to have difficulty getting anything from your ex-boyfriend to make up for your losses, given that he's in bankruptcy and you're an unsecured creditor.
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