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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 116707
Experience:  Attorney experienced in commercial litigation.
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I am buying a Ford Edge SUV. I am the primary on the loan.

Customer Question

I am buying a Ford Edge SUV. I am the primary on the loan. My sister is the cosigner. She recently came out of bankruptsy, which was dismissed. She is waiting for the final papers. The dealership called saying they needed a copy or they would pick up the SUV. Can they do that? Please respond at***@******.***. I don't have a cell phone.
JA: What state is this in? And how old is the SUV?
Customer: I live in Ohio. The SUV is a 2007.
JA: Has anything been filed or reported?
Customer: On the Suv or the Bankrutsy?
JA: Anything else you want the lawyer to know before I connect you?
Customer: No.
Submitted: 9 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If your transaction required a co-signer and if your co-signer had this loan on the new car you are primary on released and dismissed in bankruptcy as to her obligation as co-signer on the loan, then the creditor can force you to obtain a new co-signer. The creditor wants proof from the bankruptcy court that this obligation she had to essentially guarantee payment on your loan in the event you do not pay was reaffirmed and not dismissed in the bankruptcy. That is why they want a copy of the final bankruptcy, to make sure she did not have this obligation discharged in bankruptcy. If she had this obligation discharged in bankruptcy, the creditor can make you substitute a new cosigner or they can claim the loan in default as you legally no longer have a co-signer which they required.

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