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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31687
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Can a mortgage company refuse to take my name of a loan I co-sign

Customer Question

can a mortgage company refuse to take my name of a loan I co-sign even after I file for chapter 13 bankcruptcy?
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 2 years ago.
Hi - my name is ***** ***** I'll be glad to assist. A chapter 13 bankruptcy is a reorganization of debts to allow the debtor to repay the money owed at a rate the debtor can afford. So, you wouldn't likely have any luck removing your name from a loan under this type of bankruptcy because you are likely going to have to repay all or part of it (depending on whether it's secured, etc.) A chapter 7 bankruptcy doesn't extinguish the only relieves a person of his/her obligation to pay. Thus, a lender generally can't be forced to remove someone's name from a discharged debt.....but a credit report or any other report of the debt would have to state that you are not legally liable.