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  1. #1
    Join Date
    Jul 2009
    Posts
    2

    Default My Car Was Included in Someone Else's Bankruptcy

    My question involves bankruptcy in the state of: Az

    Ok...Here's the short of it: My ex girlfriend Co-Signed a car loan for me at one of those lovely "buy here, pay here" places. 6 months later (after we had broken up).....I found out that she filed for Bankruptcy (I can't remember which, but the one that let's you still keep everything and you just make payments).......when she filed for Bankruptcy, she evidently was able to add my car in the mix. I had found out about it when my car finance company called to tell me that I was behind in payments. That was when I called my ex and found out she included it. Initially, she told me that she had only TRIED to include it, but that it wasn't not permitted since she was not the primary name on the loan (something like that).
    Now, 6 more months later....I find out my finance company that the car was indeed included in the bankruptcy. The finance company told me they showed the vehicle as being "paid off, as far as we're concernced", that it does show as being part of a bankruptcy but they supposedly don't know with what law firm or anything else. My ex refuses to return my phone calls or anything else....and it's now showing up on my credit check.
    I never signed any papers with any lawyer or anything having to do with a bankruptcy.....how is this happening and how do I find out the Bankruptcy Firm behind it all? HELP!
    ~H

    Oh, BTW.....Is there any kind of legal action I can take? Can I sue for ruining my credit to hell and back...or defamation of character?? : )
    Just curious. And peeved.
    ~H

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: My Car Was Included in Someone Else's Bankruptcy

    You're complaining that your ex- bought co-signed for a car that you kept after you broke up, such that you were the primary borrower or at least a co-borrower on the loan, but that she didn't make payments on your car and eventually declared bankruptcy?

  3. #3
    Join Date
    Jul 2009
    Posts
    2

    Default Re: My Car Was Included in Someone Else's Bankruptcy

    I was the Primary Signer. I put the money down, I made the payments. When we broke up and I moved out, she insisted on making the payments until I got on my feet. That only took 2 months. It took only 2 weeks of those 2 months for me to update my address and billing info with the car company. The whole point is....even when I resumed payments....she included the car in the bankruptcy. This should not be made into a moral issue over who was or should have been paying for it.....My only question and concern was how she was able to put it in her bankruptcy without both of our signatures. I wasn't aware that something like that could happen without both parties' signatures. All I need to know is whether she was legally able to do that or not. I called her repeatedly to get her name off the car so that she wouldn't be financially responsible, but as I said intially...she stopped returning any phone calls.
    So....can she include a car that she was not the primary signer on, in a bankruptcy?
    ~H

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: My Car Was Included in Someone Else's Bankruptcy

    Quote Quoting Edgin10
    View Post
    ..My only question and concern was how she was able to put it in her bankruptcy without both of our signatures. I wasn't aware that something like that could happen without both parties' signatures.
    ~H
    it was considered a debt, or more accurately, a liability due to her inclusion on the note. As such, she had every right to include it in her bankruptcy. All it should have done is removed her from the note and you should be the only entity left with any liability for the note.

    The party that did something wrong were the folks holding the note. Speak with them and tell them you did not file BK and you are still indebted for the loan and want to pay them. Just be sure they will release their lien on the car once you have paid the loan off.

    So yes, she could include such a liability in her bankruptcy.

    what is showing up on your credit report? If it is an inaccurate report, dispute it with the credit reporting agency.

    girlfriend did nothing wrong and is not responsible for how things are now.

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