QUESTION

I filed a chapter 13 bankruptcy in va. My father was a cosigner. the bankruptcy has now discharged and the collector is going after him.

Asked on Aug 28th, 2013 on Bankruptcy - Virginia
More details to this question:
My mother and my father have all joint assets, but my dad was the only one who cosigned. can the debt collector go after my parents joint assets for repayment?
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1 ANSWER

Bankruptcy Attorney serving Burbank, CA
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If your father was a cosigner, then he is liable for the debt to the extent it was not paid in full in your bankruptcy case. The Chapter 13 "codebtor stay" prevented the creditor from seeking collection from your father during the pendency of your case, but now that you received your discharge, the creditor is free to seek to collect from your father. Whether or not your parents' joint assets are liable for the debt depends on the laws of the state they live in, and has nothing to do with bankruptcy law. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  
Answered on Aug 28th, 2013 at 7:56 PM

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