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2 min read , published March 03, 2015

Authored by Justin Harelik Written by Justin Harelik The Bankruptcy Counselor

Justin Harelik

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Dear Bankruptcy Adviser, How do I obtain a car loan out of my name? I can’t get anyone to refinance it, and my ex-boyfriend is not paying. Do I have a choice other than bankruptcy? — Anna Dear Anna, While I make money by dealing with the bankruptcy process, I do hope you can find an alternative for your previous error in judgment and especially if it is the only debt you have. Co-signing a loan is one of the main reasons why people file for bankruptcy. You did sign the agreement and you agreed to pay the amount; and now you’re paying the price. The lender will not take your name off of the loan solely because you and your boyfriend are no longer together. As the lender is not able to influence your relationship choices the same applies to your loan. It also doesn’t have a input into your decision to separate. However, it does have your signature agreeing to repay the balance of this loan. Additionally, there is no incentive to let you get out of this agreement until you have the loan is paid in full. There are four options available to choose from to pay the balance It is possible to use the car while paying the balance and you can afford the monthly payment. This option protects your credit and eventually gets you the title to the vehicle. You can find someone else to help you pay off the debt: For example, you can ask a friend to pay the balance and also drive the vehicle. The car is still liable to pay off this car. But you can get someone else to assist. Perhaps a friend could make an amount of the loan and you’ll pay the difference. Check that all drivers have the appropriate insurance. Don’t let someone drive the car without having insurance to do so. Bring the car back to the lender The return is as a repossession in the credit file. The lender will then sell the vehicle and then send you a check for the balance remaining after the sale, referred to as a deficiency balance. You will have to pay this balance. Don’t be concerned It is likely that the lender will continue to repossess the vehicle and then pursue you for the balance due. I have heard clients say they would pursue the other party responsible and force them to pay. This sounds good in principle, but getting the other party to pay is very difficult. If you can figure out how to do this, you can start your own collection company for co-signers as it would be impressive in fact. Have fun! Ask the adviser a question of the Bankruptcy Advisor, go to the «Ask the Experts» page and select «Bankruptcy» for the subject. Learn more columns and information about debt management.

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The article was written by Justin Harelik The Bankruptcy Adviser

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