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2 minutes read published March 03, 2015.
Authored by Justin Harelik Written by Justin Harelik The Bankruptcy Adviser
Justin Harelik
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Dear Bankruptcy Adviser, How do I obtain a car loan under my name? I can’t get anyone to refinance it and my ex-boyfriend hasn’t been paying. Is bankruptcy my only option? — Anna Dear Anna Although I earn a living by working on the bankruptcy process, I do hope you have a solution for the previous mistake in judgement particularly if this is your only debt. Co-signing the loan is one of the main reasons why people file for bankruptcy. You did sign the agreement and agreed to pay the amount; and you are now paying the price. The lender will not remove your name off the loan just because your boyfriend and you have separated. As the lender does not have a say in your dating choices, it also has no influence on the decision of your split. However, it does sign a contract with you to pay the balance on this loan. In addition, it does not have any incentive to let you out of that agreement until you have paid the entire amount. There are four options available at this point Pay the balance Perhaps, you are able to make use of the car while paying the balance and can afford the payment. This will protect your credit and eventually gets you the title to the vehicle. You can find someone else to help you pay off the debt: For example, you can request a friend to pay the balance and drive the car. You are still 100 percent accountable for this car. But you can convince someone else to assist. Maybe a family member can take part of the payment and you’ll make the rest. Be sure that all drivers are covered with adequate insurance. Do not permit anyone to drive the car without insurance coverage to drive it. Bring the car back to the lender and it will be considered as a repossession on your credit report. The lender will then sell the vehicle and then send you a check for the remaining balance following the sale, called a deficiency balance. You will have to pay that balance. Do not ignore the issue It is likely that the lender will continue to repossess the vehicle and then pursue you for the balance due. I’ve heard from clients that they planned to pursue the other party responsible and make them pay. This sounds good in theory, however finding a way to make the responsible party pay can be very difficult. If you figure out how to do this, you can start your own co-signer collection business as it would be impressive, indeed. Have fun! Ask the advisor an inquiry to the Bankruptcy Advisor, go to the “Ask the Experts” page, and choose “Bankruptcy” for the topic. Learn more columns and information on debt-management.
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Authored by Justin Harelik The Bankruptcy Adviser
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