Legal Question in Bankruptcy in Tennessee

Co-signer on a car

I filed bankruptcy over 10 years ago and one of my creditors was a car financing company. My father co-signed the loan and now, after 10 years, the company is requesting that he pay the remaining balance. Is there a statute of limitations on how long a company can go back & try to collect after a bankruptcy? My dad is refusing to pay it & they keep sending him letters . . however, we heard nothing from them until now. My dad is so angry he has told them that he will file bankruptcy, just to not pay it. I am trying to find an alternative and understand his/my rights.

Asked on 12/29/08, 11:49 am

1 Answer from Attorneys

LAURA TEK LAW OFFICE OF LAURA TEK
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Re: Co-signer on a car

The creditor can NEVER come back at you if you listed it as a creditor on your bankruptcy BUT it can come after your father HOWEVER it had 10 years to do so. After 10 years, it is barred. 10 years is the general statute of limitations. Tell the creditor to go away.

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12/29/08, 12:54 pm

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