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What Happens to a Co-Signer in a Bankruptcy?

It is quite common for individuals to get family or friends to co-sign for them. It could be they don’t have a credit history, or their financial situation is a bit shaky and they can’t qualify for the loan they are after. This could be a personal loan, or perhaps a loan for a car. Then the financial situation gets bad and the individual has to file for Kentucky bankruptcy but is worried about how this will affect their co-signer.

First it will depend on what the debt is. Consumer debts and business debts are viewed differently. It will also depend on whether you are filing for a chapter 7 or chapter 13 bankruptcy. It is important to understand that neither of these bankruptcies will remove the responsibility of the co-signer. In fact, the courts refer to the co-signer as the co-debtor.

In chapter 13 bankruptcy there is a co-debtor stay. What this means is that the creditors who have the co-debtor cannot go after the co-debtor until the end of the bankruptcy. This could mean three to five years of having to wait to take action. This buys you some time as the main debtor to get back into proper standing with the creditor. In a chapter 7 bankruptcy even though you may receive a discharge from the debt, it doesn’t include your co-signer and the creditor can go after them. Be sure to tell your bankruptcy attorney about any co-signers you may have concerning your debts.

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