Will my sons credit be affected if I file bankruptcy?

There is a co-debtor stay during chapter 13 where collection is stopped against the non-filing borrower. This will not affect the co-borrower's credit as long as the debt is fully paid. If the debt is unpaid in part then it must be paid after the chapter 13 is over or else there will be negative credit implications and collection action. Secondly, a bankruptcy stops lawsuits from going forward.

If you son is just on the title and not on the loan then his credit would not be affected however if he is also on the loan then those payments would need to be maintained in order to preserve his credit. You can file a bankruptcy at any time after receiving a court summons to stop the upcoming litigation.

It's not supposed to be. Will you be paying for the car in the 13? If so, they especially have no complaint. But he should check his credit report after you file and if it's mentioned and if they won't remove it, he should have a consumer lawyer sue them for violation of Federal law. It's best to file bankruptcy before you answer the summons, if everything can get done in time. (A lawyer is representing you, right? Retain one if not.) Then your response to the summons is that the BK ends the suit on the debt.

Your son's credit report will show that the car loan is involved in bankruptcy but it should not have any significant effect on his credit so long as the payments are made on time. Yes, you can file for bankruptcy before the answer is due and stop the lawsuit.

Your son's credit will not be affected by your bankruptcy.If he also is listed on the car loan, he will still owe on the car loan.

Your question tells me you are thinking about making the enormous mistake of filing a case without a lawyer as all these things are things your lawyer would have discussed. The Chapter 13 may or may not affect your son's credit depending on how your Chapter 13 plan is written. With proper drafting you can probably protect him from adverse consequences and problems. As to the timing of a case, if you are in a suit you have a meter running on an answer. Generally, filing before filing an answer (and before the deadline to file an answer) is a good strategy, but since the timing of a case may affect its success, that order may get reversed to push your case into the month where it is most advantageous to file. These are decisions you will make after consultation with your lawyer.

No, your bankruptcy has no effect on your son's credit in that situation. You can file bankruptcy and include the pending lawsuit.