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2 min read , published March 03, 2015.
Justin Harelik Justin Harelik Written by Justin Harelik The Bankruptcy Counselor
Justin Harelik
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Dear Bankruptcy Adviser, How do I obtain a car loan under my name? I'm not able to get any person to refinance the loan, and my ex-boyfriend is not paying. Are bankruptcy the only option? -Anna Anna Dear Anna As I earn money by handling case files for bankruptcy, I do hope you can find an alternative for the previous mistake in judgement, especially if this is your sole debt. Co-signing a loan is among the main reasons why people file bankruptcy. You signed the contract and you agreed to pay for it, and now you're paying the amount. The lender won't take your name off the loan just because your boyfriend and you have separated. As the lender is not able to influence your choices regarding relationships the same applies to your loan. It also doesn't have a input into your decision to separate. It does, however, sign a contract with you to pay the remaining balance of this loan. In addition, it does not have any incentive to let you get out of that agreement until the loan is paid in full. There are four options available to choose from Pay the balance Hopefully, you can utilize the vehicle for the balance payment and can afford the payment. This will protect your credit rating and will eventually get you the title to the vehicle. Find someone else who will help you pay off the debt: For example, you can ask a friend to pay the balance and drive the vehicle. The car is still liable to pay off the car, but you can get another person to help. Maybe a friend can make part of the payment and you can pay the remainder. Check that all drivers have appropriate insurance. Don't allow anyone to drive your car without insurance coverage to be able to do so. Return the vehicle to the lender The return will be considered a repossession on the credit file. The lender will auction off the vehicle and then send you a check for the remaining balance after the sale, referred to as the deficiency balance. The customer will be required to pay that amount. Do not ignore the issue You will be charged the lender will not let you repossess your vehicle and then pursue you for the amount due. I have heard clients say they were going to pursue the other party responsible and make them pay. It sounds great in theory, but making the opposite party pay is extremely difficult. If you can figure out the best way to accomplish this, you could start your own collection company for co-signers as it would be impressive indeed. Best of luck! Ask the advisor a question of the Bankruptcy adviser, visit the "Ask the Experts" page and choose "Bankruptcy" as the subject. Find more columns and learn more on debt-management.
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Written by Justin Harelik The Bankruptcy Adviser
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