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Does my cosigner have to file for bankruptcy when I do?

No. If the Chapter 7 discharge or Chapter 13 repayment plan covers all of the debt, there will be no debt left for the cosigner to pay, and so the discharge or fulfillment of the repayment plan releases the cosigner from any obligation on that debt. If the bankruptcy results in only part of the debt being paid, there will be some debt left for the cosigner to pay, and so the creditor may go after the cosigner for the remainder of the debt.

Barry Rosenzweig
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Barry Rosenzweig, has 25 years experience as an attorney helping clients solve their legal problems.