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2 minutes read published March 03, 2015
Justin Harelik Justin Harelik Written by Justin Harelik The Bankruptcy Adviser






Justin Harelik



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Dear Bankruptcy Advisor, how can I get a vehicle loan under my name? I can't get anyone to refinance it, and my ex-boyfriend is not paying. Do I have a choice other than bankruptcy? -- Anna Dear Anna, While I make money by working on bankruptcy cases, I hope you have a solution for the previous mistake in judgement and especially if it is your only debt. Co-signing a loan is one of the main reasons why people file bankruptcy. You did sign the agreement and you agreed to pay it; and now you're paying the price. The lender will not remove your name off the loan solely because you and your boyfriend are no longer together. Just as the lender has no say in your relationship choices the same applies to your loan. It also doesn't have a input into your decision to split up. It does sign a contract with you to repay the balance of this loan. In addition, it does not have any incentive to allow you to get out of that agreement until the loan is paid in full. There are four options to consider at this point Pay the balance Hopefully, you can make use of the car to pay the balance and you can afford the monthly payment. This can protect your credit rating and will eventually get you the title to the vehicle. Find someone else to take over the payment: you can request a friend to pay the balance, and then drive the car. The car is still liable to pay off your car. However, hopefully you can find someone else to assist. Perhaps a friend could make an amount of the loan and you'll pay the remainder. Be sure that all drivers are covered with the appropriate insurance. Don't let someone drive the car without having insurance to do so. Return the car to the lender: This will be considered as a repossession in the credit file. The lender will sell the car and then send you a check for the balance remaining after the sale, called the deficiency balance. The customer will be required to pay this amount. Ignore the problem You will be charged the lender will still repossess the vehicle and then pursue you for the deficiency balance. I have heard clients say they planned to bring a lawsuit against the responsible party and demand that they pay. It sounds great in principle, but getting the other party to pay can be very difficult. If you are able to figure out how to do this, you can begin your own collection company for co-signers because that would be very impressive, indeed. Have fun! Ask the adviser questions to the Bankruptcy Advisor, go to the "Ask the Experts" page, and choose "Bankruptcy" as the topic. Read more columns and more regarding debt control.
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