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Mother co-signed a car loan for ex boyfriend and loan is in default who is responsible

My mother co-signed on a car loan for a now ex boyfriend. Before leaving she asked to have her name removed from the loan. He never took her name off of the loan and now is planning on filing for bankruptcy. He has stated that the truck will be turned over to her and she will be responsible for making the payments, however we have heard that the bank will auction the truck and she will be stuck with the losses. If they do put the truck up for auction is he not responsible for any of the losses?

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Attorney answers (1)

Reputation Level 8
The answer will depend upon the law of her state, and it may also depend upon whether the creditor gives the proper notices. But, generally, of someone co-signs for a loan, they are responsible for it even if the person they co-signed for files bankruptcy.
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