my ex is filing bankruptcy, my car is in her name as primary and im the cosigner and her car is in her name fully, will i lose my car

UPDATED: May 16, 2009

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my ex is filing bankruptcy, my car is in her name as primary and im the cosigner and her car is in her name fully, will i lose my car

my car is in her name first then my name, she also has her car in her name, both cars are financed,my car is 47,000 due and worth 30,000. no payments have been made on my car in 3 months cause its not on my credit anymore and i have been removed from the acct access. will i lose my car or will they write the loan off or what , i live in ny state.

Asked on May 16, 2009 under Bankruptcy Law, New York


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I very much doubt that the lender will simply write off a $47,000 car loan.  I would expect them to repossess your car, and after selling it, probably for an auction price, they will either write off the unpaid balance, or sue you for the difference.

I think you need to talk to a local attorney about this, as soon as possible, to figure out the best way to protect your interests here.  One place to start your search for the lawyer you need would be our website,

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