[gsx1000r02]

I live in the state of NY, and my EX lives and had filed divorce in Ill. In 02 we divorced, in 03 my truck was repo (which she was a co-signer for) and in 04 I filed single ch7 bankruptcy (bankruptcy and repo was in NY). She just received a bill for about 12000. My bankruptcy does not show that truck loan as being a joint loan. She is trying to come after me for the amount of the bill. Can she sue me for this amount in any way?? She also threatened to have my child support increased if I don't pay. Basically, what can she do and what can I do??

Thanks for all your help.

[ScottGem]

Hmm interesting. If she was a co-signer, she is responsible for the debt. Your bankruptcy discharge didn't affect that. Now, whether she can sue you over the discharged debt is interesting. Since it might be considered a new debt, you might be liable.

I would go back to the atty who handled the bankruptcy and ask what your liabilities are.

[gsx1000r02]

Thanks ScottGem. If she tries to take me to court over the amount, couldn't I just furnish my bankruptcy papers? Now another thing, in my bankruptcy, it shows that the truck loan was not a joint loan. Will that be a problem? Could that be a loophole for her getting out of paying? Is there a limitation as to how long after last payment to the loan or from the time of bankruptcy that the creditor can actually come back after the money?

[ScottGem]

No, what the bankruptcy says doesn't change that she signed as co-signer. There is a statute of limitations on how long they have to sue, bit not on trying to collect.

[gsx1000r02]

So if she tries to take me to court (family or small claims) or what ever, the chance that the judge will side with her should be small?