I am not sure I understand your questions, but I will try to help.

I think the situation is this; you and another person own a car with a joint car loan. It also seems as though you have fallen behind on the car payments.

If the co-debtor files a chapter 13 case, you will get what is called the co-debtor stay. This means that the car cannot be repossessed while the stay is in effect. Also, you will be able to makeup any missed payments in the chapter 13 filing.

Many lawyers recommend filing individual chapter 13 cases, in case you fail in the plan then your co-debtor (typically a spouse) can file and get the co-debtor stay again.

As for your case being converted to chapter 7 cases, if you meet the qualification for a chapter 7 case then yes you can.


You should talk to your lawyer about how this works for your case and in your state.


Good luck,



Robert Kovacs

If you meet the tests to file Chapter 7, you can do so. I'd have to see your specifc information.

Generally, a codebntor filing would protect the car, but again, I'd need more information to tell you for sure. Feel free to contact me with details.