I am the co-borrower on a vehicle loan with my ex. He has filed BK 13 with his new wife and surrendered his interest in the vehicle we are joint on. I now want that car. Does the stay apply to me? Can the creditor move forward with repossession and sale at this time? Does it matter is I want the creditor to let my mom buy the car through a refinance?
The creditor can not pursue the vehicle without first obtaining relief from stay in your ex's bankruptcy case. They can continue to collect against you on the unpaid balance. Once relief from stay is granted, they can then pursue their state remedies, including repossession.
Steve Doan, Esq
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