I am the Borrower of a car loan I am terribly in debt with. I want to start the process of filing Chapter 7 but I am currently in another state from the person who is the Co-Borrower and I am trying to start this process as quickly as I can.
First, you should consult an attorney to determine if it is in your best interest to file a Chapter 7 case or, perhaps, a Chapter 13. Any bankruptcy case you file must be filed in the jurisdiction where you have resided for the greater period of the last 180 days. It is not necessary that the co-borrower reside in the same state in which you file the bankruptcy case.
The co-borrower gets notice of the bankruptcy, and becomes solely responsible for the debt unless you agree to make payments . Her presence is not necessary at the filing or the hearing.
Thanks for your question. As a co-owner you could have liability. Did you co-sign the loan? I'd like to offer you a free consultation to discuss your options. When can I call you?
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline