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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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I have just filed bankrupty. I have a co-signer on one of those

Resolved Question:

I have just filed bankrupty. I have a co-signer on one of those loan. he wants to put a lein on my house. Wants 7,000 cash and payments of $166.66 each month for 60 months, plus a lein on my house. I would like to know if I should just take my chances in front of a judge. We lived together for 10 years. He co-signed about a year before we broke up. It was an open end account that he signed (claiming he didn't know)
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 8 years ago.

The automatic stay of the bankruptcy court prohibits the action your ex is contemplating. Once a bankruptcy has been filed all collection action must cease. Typically any liability you would have to your former partner would be discharged in the bankruptcy.
Customer: replied 8 years ago.
I just want to make it clear, he is the co-signer so should the bank go after him, and is that why I am having this lawsuit?
Expert:  Ellen replied 8 years ago.

You should not be involved in a lawsuit if you are in bankruptcy UNLESS the bankruptcy court approved the action.

The bank should file to collect from the co-signor.

I hope that this is clear. But if it is not, please post me back.
Customer: replied 8 years ago.
So from your answers my gut feeling is to go to court and see what happens. I do feel better about my decision now. Since it is a bankruptcy will we have to do depastions(i thinks that's the correct word). Do we go in front of a judge or a trustee? thanks
Customer: replied 8 years ago.
I think i'm still waiting for a reply from the last quetion
Expert:  Ellen replied 8 years ago.

I was off line for a break. You will typically only go in front of the trustee.
Ellen and other Bankruptcy Law Specialists are ready to help you