The Dangers of Cosigning On A Debt

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Cosigning on a debt is almost never recommended. However, it’s a tough decision sometimes when you have friends or family that need you to cosign on a debt to receive the necessary loan. Typically, though, it’s not a good idea to cosign on a debt. Let’s find out why.

What is a cosigner?

When someone is trying to obtain financing and they do not have the FICO credit score necessary to receive financing on their own, the creditor may request someone else cosign on the debt to receive the desired financing. So what exactly does cosigning mean? If someone cosigns on a debt it means they are agreeing to be responsible for that debt if the original debtor is unable to pay it.

The problem is, if the person who originally needed the loan can no longer pay it then the creditor can go after the cosigner for the debt. The creditor has the same rights to go after the cosigner as they do the primary debtor. It is not uncommon at all to see a codebtor be sued for an uncollectable debt.

Lets take a look at an example:

Dana the daughter needs to get a new vehicle. Her old vehicle has broken down and without a new vehicle she cannot get to her minimum wage job. She goes to a car dealership and after sitting down to sign all of the final paperwork the finance director at the car dealership they tell her they cannot give her financing due to her low credit score. Dana had a repossession three years ago that appears on her credit. They tell her she will need to get a cosigner to receive the necessary financing. Stressed and needing a vehicle Dana calls Molly, her mother, to explain the situation. Molly the mom wants the best for her daughter Dana and knows she has to have a vehicle. Dana promises her mom that she will make the payments. Hesitantly Molly cosigns on a car loan for $30,000.

Fast forward and a year later Dana has made all of the payments on the vehicle. Molly barely even remembers that she cosigned on the debt. Unfortunately though, Dana ends up losing her job and can no longer afford the monthly car payment. To ensure the car is not repossessed again Molly, Dana’s mother, agrees to make the payment until Dana gets a new job. Months and months pass by and Dana is unable to find a job. Molly has used her savings and even pulled from her retirement account to try to continue to make the payments. Eventually, Dana’s moved back in with her mother and Molly has exhausted all of her savings and retirement funds and they get behind on the car. The financing company eventually repossesses the vehicle and sells it at an auction for $5,000. The problem is, they still owed $20,000 on the vehicle. The finance company then tried, unsuccessfully, to collect on the deficiency balance of $15,000. Because of that, they filed a lawsuit against both Dana and Molly and eventually place a lien on Molly’s house and add interest, late fees, penalties and attorney’s fees to the amount owed.

The creditor could potentially try to repossess Molly’s other vehicle (which is paid off), go after money in her bank accounts and even foreclose on her house (which has a lot of equity). As time passes the creditor continues to add extra fees to the amount that is owed. Eventually, Molly has to file bankruptcy because she owes on the deficiency on the vehicle that she cosigned on and owes a lot in taxes because she had to withdraw a lot from her retirement account.

So what have we learned?

Don’t cosign on a debt with someone else. The person needing a cosigner may have the best of intentions. In our example above, Dana certainly did not want her mother to go through the stress and worry of having creditors come after her. The reason a finance company requires a cosigner is that they believe there is a good chance the person seeking the financing won’t be able to make the necessary payments. If this were to happen, creditors don’t care that you cosigned just to help out. Instead, they will come after you as if you were the one who originally failed to make the payments.
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What is Form EC100 of the North Carolina Industrial Commission?

Form EC 100 of the North Carolina industrial commission is a form requesting compensation to persons erroneously convicted of felonies. Normally, the North Carolina Industrial Commission has jurisdiction regarding workers who are injured on the job.  However, in 1997 the North Carolina General Assembly charged the North Carolina Industrial Commission with the administration of compensation … Read more

How Much Will Bankruptcy Hurt My Credit Score?

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In a previous blog post we have discussed how long filing a bankruptcy will impact your credit score. Today we are going to discuss how much filing a bankruptcy will hurt your credit score.

White Male on White BackgroundThe reality is, nobody knows exactly how much a bankruptcy will impact your credit score. There are five different areas that are reviewed that help formulate your credit score. Exactly how your FICO or credit score is determined is kept secret. However, we know filing for bankruptcy will have a negative impact on your credit. The amount of that impact will vary depending upon what your credit score is before filing the bankruptcy and the makeup of your prior credit history.

In our experience working closely with our clients, if you have a pretty good credit score at the time of filing a bankruptcy you can anticipate about a 100 point drop. Again, this will be different with everyone. Also, if you have a lower credit score then the decrease will not usually be as much.

Although filing for bankruptcy will hurt your credit score, simply doing nothing to address your debt may create an elongated process to poor credit as well. The key is, if you have debt  you do not believe you can recover from, filing for bankruptcy may hurt your credit initially, but it will allow you to begin the process to rebuild your credit. Whereas, if you don’t file a bankruptcy but only continue to pay minimums on your debts then you would just continue to have average credit and you will be spending a ton of money by paying interest, late fees and penalties. Of course, falling behind on monthly payments will also chip away at your credit score as well.

The best thing is to talk about your specific situation with an experienced bankruptcy attorney. An experienced lawyer can explain the process and help you determine whether filing a bankruptcy makes sense in your situation.
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Will Bankruptcy Wipe Out My Student Loans?

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**UPDATE** – Winds of change are blowing. In early March 2020, Democratic Presidential candidate Joe Biden has agreed that, if elected president, he would allow for student loans to be discharged within a bankruptcy. How this would exaclty look is not known at this time. However, we want to make sure we are providing the most up to date information and wanted you to be aware of this potential change down the road.
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While technically you do have the ability to discharge student loans in a bankruptcy, in almost every case the courts do not allow you to discharge your loans.  Declaring bankruptcy does clearly show financial hardship, but the federal government will still not allow you to completely discharge your student loan debt.  The only way to rid oneself of student loans in a bankruptcy is if the payment of the loans would “cause undue hardship.”   While most people would say having to pay high student loan payments when filing bankruptcy is an undue hardship, the federal government has a different opinion of this phrase.

Bills in MailboxCourts use various tests to determine what is undue hardship but the overall attitude is your specific situation must be so extreme there is no way you could ever pay off the loans.  An example would be someone who has extremely high loans such as graduate, medical, or law loans and because of some circumstance they are no longer able to work.  This person can likely never pay off their student loans in their lifetime.  They must also show they have made a good faith effort to pay off their student loans in the past.  The federal government says this normally means you should have been attempting to pay off your loan for at least five years.  The idea is that this person has been attempting to pay off their loan in the past, but if they are forced to continue paying off the loan, this will force them into a minimum standard of living or poverty.

Lets look at an example of when student loans might be dischargeable. John Doe went to school to become a surgeon. He completed medical school and his residency and now has close to $550,000 of student loan debt. Although he has a lot of student loans he makes approximately $250,000 a year of income as a brain surgeon. He makes payments each month for a five-year period. Then, one day while out on the lake, John Doe dives into the lake from his boat and he failed to realize the water was shallow. He breaks his neck and becomes a paraplegic. In other words, he is paralyzed from his neck down. At the time of his student loans John Doe owes approximately $300,000. Due to his injury he will never be a surgeon again and is not likely going to find a job that will allow him to pay off his student loans. In this situation, the courts may determine that an extreme circumstance exists allowing for the discharge of student loans.Doctor Looking at X-Ray

The courts are hesitant to discharge student loans because while it may be hard to pay your loans now, someday in the future you will be back on your feet and capable of making payments again.  Many people believe they qualify for student loan discharge in bankruptcy but it cannot be stressed enough how extremely rare it is that someone is able to discharge their student loan payments in bankruptcy.  This is a situation where you have the burden to prove to the court why you should be the exception and why your situation is different.  The courts very rarely grant someone a discharge of their student loan debts.
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