bankruptcy in PA

UPDATED: May 11, 2009

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bankruptcy in PA

my son has a vehicle loan that is co-signed by his mother. both of thier names are on the title. if she declares bankruptcy, will my son’s vehicle be included as part of his mother’s property? what can he do to protect it?

Asked on May 11, 2009 under Bankruptcy Law, Pennsylvania


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

Answered 13 years ago | Contributor

Many loan documents have standard language that says that if the borrower declares bankruptcy, the loan can be called (be made payable in full immediately).  However, that does not mean the loan company can repossess the car, since ordinarily filing a bankruptcy at least temporarily prevents that, or filing suit against the bankrupt.

One solution would be to find a substitute co-signer, before the bankruptcy is filed.  Another would be to pay off the loan, and take her name off the title, again before the filing.

There are a number of facts that would make a difference, about the best approach to this, and your son ought to talk to a bankruptcy lawyer in Pennsylvania (assuming that he lives there and the car is titled there).  One place to look for counsel is our website,

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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