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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31730
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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can the cosigner of a loan charged off in my bankruptcy case try to collect directly from

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can the cosigner of a loan charged off in my bankruptcy case try to collect directly from me for the amount they had to pay on that loan?
Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for the question.

Both signers and co-signers are "jointly and severally" liable for the debt. That means that if the other person is refusing to pay for the debt, the original signer is able to pursue the other signer for 50% of the debt owed on the vehicle. Thus, the person couldn't sue you for the entire debt - - just whatever he/she paid towards your half.

HOWEVER, if your bankruptcy relieved you of your obligation to pay the debt, then you're not responsible to the co-signer for the debt either. Thus, the bankruptcy would prohibit the co-borrower from suing you.
Customer: replied 4 years ago.

Is there anything I can do to legally stop her from this collection harassment?

You can demand that she stop all collection efforts and inform the person that your obligation to pay was discharged, and if this person continues to demand payment, you will file a motion with the bankruptcy court to stop the collection efforts.

You may actually have to re-open your bankruptcy and ask for relief IF you didn't list the co-signer as a creditor of yours. But, you can re-open the bankruptcy and have the debt discharged as to this person as well.

If you did name this person as a creditor, then they are in violation of the discharge order and you could file contempt charges against him/her for continuing to attempt to collect.
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