Reaffirm a cosigner obligation to pass means test?
Posted: Fri Mar 13, 2009 2:26 pm
Hi I am new to the group and have a question regarding a Chapter 7 client.
Client is above the state median for income and has no secured debt. Client lives with her adult son. She is also a co-signer on her son's truck. The son needs the truck for work and my client wants to make sure her son can keep the truck. Work has been slow for her son and my client has been basically paying for the household expenses and giving money to her son so that he can make his truck payments. I don't think she would mind reaffirming her obligation as a co-signer if it will allow her to qualify for a chapter 7. If she claims an ownership expense for the truck, she passes the means test.
Question: Can she claim an ownership expense as a co-signer, even though she is not on title to the vehicle? If not, could her son add her to title on the truck so that she can claim the truck expense since she has been helping him make the payments?
Any help on this issue would be greatly appreciated.
Cliff Bordeaux
Bordeaux Law, P.C.
135 W. Green Street, #100
Pasadena, CA 91105
(626) 405-2345
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