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2 minutes read published March 03, 2015
Justin Harelik Justin Harelik Written by Justin Harelik The Bankruptcy Counselor
Justin Harelik
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Dear Bankruptcy Adviser, How can I get a vehicle loan through my name? I’m not able to get anyone to refinance it and my ex-boyfriend is not paying. Is bankruptcy my only option? — Anna Dear Anna Although I earn money by dealing with bankruptcy cases, I do hope you can find an alternative for the mistake you made in your judgment particularly if this is your only debt. Co-signing on a loan is one of the main reasons why that people file bankruptcy. You did sign the contract; you did agree to pay the amount; and you are now paying for the cost. The lender won’t take your name off of the loan solely because you and your partner are no longer together. Similar to how the lender is not able to influence your relationship choices, it also has no influence on your decision to separate. However, it does require your signature to pay the remaining balance of this loan. In addition, it does not have any incentive to let you get out of this agreement until you have paid in full. There are four options available at this point: Pay the balance: It is possible to use the car for the balance payment and are able to afford the installment. This will protect your credit score and ultimately gets you the title for the vehicle. You can find someone else to take over the payment: you can request a friend to pay the balance, and then drive the vehicle. The car is still responsible for paying off this car. But hopefully you can get someone else to assist. Maybe a family member can take a percentage of the payment and you’ll pay the remainder. Be sure that all drivers are covered with the appropriate insurance. Do not permit anyone to drive your car without being fully insured to be able to do so. Return the car to the lender The return is as a repossession on the credit file. The lender will then sell the vehicle and issue a bill for the balance remaining after the sale, which is known as the deficiency balance. You will have to pay that balance. Do not ignore the issue: The lender will continue to repossess the car and pursue you for the amount due. I’ve heard from clients that they planned to sue the other party responsible and demand that they pay. This sounds good in principle, but finding a way to make the responsible party pay can be very difficult. If you can figure out how to achieve this, you can begin your own co-signer collection company as it would be impressive in fact. Best of luck! Ask the adviser questions to the Bankruptcy Adviser, go to the “Ask the Experts” page, and choose “Bankruptcy” to select the topic. Find more columns and learn more regarding debt control.
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Authored by Justin Harelik The Bankruptcy Adviser
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