My bankruptcy has been discharged. Can a cosigner I had on a loan come back on me and sue me?
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I filed bankruptcy a couple years ago. This bankruptcy has been discharged.However my ex wife co signed on a loan for a vehicle while we were married. I filed the bankruptcy after the divorce. It has been discharged and I am free of this debt. My ex wife wants to take me to civil court for this loan because since I filed bankruptcy they then came after her the co signer. Is she able to sue me for this and win?
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No, the agreement was between her and the bank not you and her. However, if the Divorce Agreement obligated you to pay for it – a judge might be able to find you in violation of the Divorce Order for failing to pay for it and may modify your alimony.
I hope she does. It is guys like you that make women man haters. You are coming across to me as a very irresponsible child. Are you looking for someone that will support you again? I do not mean to be rude on this net but to me you are a discrace to manhood
If you still have the car then she can probably sue, and win, if the car is no longer in your possession then it will depend upon the divorce agreement. Other things to consider is how long after you got the car did you file for bankruptcy? if it was just a couple of months then she may be able to make a claim that you intended to defraud her.
If it were me and I still had the car, I would give it to her, if you keep it and she has to pay then you can be found guilty of unlawful enrichment and lose the lawsuit.
EDIT: Note to Adams B (above me)
You said “As a father i was devastated, owing to the fact that i just lost my husband a few years ago, ”
You are the father and you lost your husband? I suppose this makes sense if you are gay but it makes your message seem like a scam (and that is my guess, it is a scam)
Well, it technically wasn’t dischargeable if your divorce judgment held you liable, but I would say no she can’t unless she successfully contested the discharge in bankruptcy court. If you kept the car you should probably turn it over to her, otherwise, there isn’t much else she can do.