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What happens to a cosigner on a debt I owe if I file bankruptcy?

Writer's picture: John BatesJohn Bates

Although your bankruptcy releases you from a debt, it does not release a cosigner or anyone else who owes the debt with you. That person will continue to be responsible for the debt unless that person files bankruptcy, too. This applies to your spouse if he or she cosigned a debt with you. This is true in chapter 7 and chapter 13 bankruptcy. This includes cosigners on secured loans, such as houses and motor vehicles.

If you keep the house or the motor vehicle and continue to make the payments, the cosigner will not be affected. For example, let's say you and a friend (possibly your spouse) cosign on a loan for a car you buy. If you file bankruptcy and continue making the payments and keep the car, your friend won't be affected. If you give the car back to the lender and stop making the payments, the car will be sold and there will be a balance remaining. You friend will remain liable for that balance and you will not because of your bankruptcy.

You are required to list on your bankruptcy papers the names and addresses of all cosigners, co-debtors, and co-borrowers. The court will use this information to notify them. So, they will know that you filed bankruptcy.


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