I co-signed for a friend on a car loan and she has now managed to ruin my credit. Will I be relieved of my duty if I file bk?: A few years ago I co signed for a friend of mine that needed a fresh start. Now she has managed to ruin my credit. I plan to file chapter 7 bankruptcy to get rid of that debt and her. She also doesn’t pay the tolls and I’m constantly having to remind her or pay the bills to avoid suspension. It’s a nightmare. In the process I lost my job due to COVID and was unemployed for 9 months. Since my credit is already ruined, I stopped paying for my credit cards (my parents were helping me). In the bankruptcy I want to turn in the car and/or have it removed from my name altogether. Please advise if I’m able to do that legally.
K.’s answer: I'm sorry that happened to you. Unfortunately, that is all too common. Yes, a cosigned debt for a car can be discharged in bankruptcy. If you have unpaid toll charges in your name, I would need to get a little more information from you to determine if those go away too.
Our HOA got a judgement against us and we have a foreclosure sale date next week. We need to stop the sale.: We have been trying to work with our HOA to settle the judgement against us, and they are unwilling to work with us. We have a sale date next week and need to stop it. The main mortgage is only under my name (we weren't married at the time I purchased the home), but the HOA lawsuit is both myself and my husband. My husband is on the title of the home. Can just my husband file Chapter 13 bankruptcy to stop the sale and work out a payment plan, or do we both need to be on the bankruptcy? I wasn't sure if the HOA could come after me if my husband has a payment plan in place with the courts.
K.’s answer: Either of you could file to stop the sale, but that is really half the battle. You need a well put together, feasible, chapter 13 plan for the bankruptcy to stay alive and prevent dismissal, which could lead right back to state court and a foreclosure sale of your homeAt this late stage, you are looking at an emergency filing and the attorney fees that go with that.
Chapter 13 Bankruptcy. : My 82 year old mother is in foreclosure with a sale date next month (March). She doesn't have enough disposable income to qualify for a Chapter 13, however, her niece is willing to take responsibility for helping her to repay the mortgage arrears, as well as future mortgage payments. Her niece doesn't live with her (she lives out of state). My question is - is this something the trustee would consider? Also, her niece has excellent credit and we don't want the bankruptcy to show up on her credit report. Is this possible? If so, I need a recommendation for an attorney in the Clermont, Florida area that can handle this for us. Thank you.
K.’s answer: Yes, this arrangement would work and not affect niece's credit. I have an office in Minneola and have helped many people in your mother's situation in the past.