Expert: Mark J. Markus- California Bankruptcy Attorney - 9/14/2004

Question
I make all payments to the bank and she has never made a payment, so even though she lists the car on her bankruptcy, does this mean I will have to give the car back? I have posession of the car and she has only co-signed for it.  
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Followup To
Question -
My mom is going to file bankruptcy and she is a co-signer on my car, and she said she is going to list the car on her filing.  Does this mean they will come and take the car from me?  We live in Wichita,  KS.
Answer -
If the payments aren't made to the secured creditor, they can take whatever remedies are afforded to them under your State's laws.  This usually includes repossession.  This has nothing to do with the bankruptcy being filed.

Answer
I've never heard of a State that had laws allowing repossession where payments on the debt were current, but I do not know what Kansas law is on anything.    In any event, your mother is the co-signer, not the primary signer.  The worst that could happen is that your lender may require a new co-signer, if they care, but I doubt that they will as long as you maintain your payments.