Can my ex wife file my car in her bankruptcy? 20 Answers as of February 27, 2012

My soon to be ex-wife is filing for bankruptcy. The car loan is in her name, the title is in both ours. I have been making payments, since day 1 and have never missed one. Can she file my car on her bankruptcy and can I lose my car?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
Yes she can file, and what it will do the car depends on paperwork we have not seen. Discuss this with your lawyer to protect yourself.
Answer Applies to: Georgia
Replied: 2/27/2012
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
If she has a note, lien and half interest in the vehicle, it is possible that the vehicle COULD be liquidated by the bankruptcy trustee or otherwise repossessed by the creditor for breach of the agreement. If in doubt, seek counsel from an attorney.
Answer Applies to: Indiana
Replied: 2/27/2012
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
The lender will ask her to sign a reaffirmation agreement which if she does not sign, then the lender will repossess the car.
Answer Applies to: New York
Replied: 2/27/2012
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
When a person files bankruptcy all assets and debts are disclosed. If the car loan is not in the name of filer the non-filer needs to contact the lender about payment arrangements.
Answer Applies to: California
Replied: 2/27/2012
Bird & VanDyke, Inc.
Bird & VanDyke, Inc. | David VanDyke
Bankruptcy rules require that a debtor filing for bankruptcy include ALL debts in the bankruptcy paperwork that is filed with the court. If the payments are current this secured lender will not care as long as you continue making the payments. They may request that your wife sign a document called a "reaffirmation agreement". However, even if she does not do this, most of the time and this can depend on which lender holds the car note, you should be able to continue making payments and keep the car.
Answer Applies to: California
Replied: 2/27/2012
    Ipson Law Firm, PLLC
    Ipson Law Firm, PLLC | Michael Ipson
    Yes, she is required to because the car loan is in her name unless there is something in your divorce decree giving you possession of the car it is possible you will lose it unless you negotiate something with the creditor.
    Answer Applies to: Utah
    Replied: 2/24/2012
    Steven Harrell, Attorney at Law | Waymon Steven Harrell
    She probably filed a Chapter 7 case and indicated on her schedules that she was surrendering the car. If you continue making the car payments and if the lender continues to post the payments to the account, you will probably be able to keep the vehicle.
    Answer Applies to: Georgia
    Replied: 2/24/2012
    The Barger Law Firm
    The Barger Law Firm | Jason W. Barger
    Your soon to be ex-wife can include the debt she owes on the car in her bankruptcy, and receive a discharge of that amount. However, she will have to return the car. If there is a lien on the car, then neither you nor your ex wife holds "title" to the vehicle, the lender does. If she took the loan out in her name, it doesn't matter who made the payments, if she elects not to retain the vehicle and reaffirm the debt, then she will have to return the car. A case could be made that if the car is worth more than the amount owed on it, that you receive the difference, if you can show you made the payments. That would be an issue to discuss with your divorce attorney.
    Answer Applies to: Texas
    Replied: 2/24/2012
    Ferguson & Ferguson
    Ferguson & Ferguson | Jackie Ferguson Graham
    She has to list the automobile debt in the bankruptcy. In order for you to keep the car, you are going to have to find a way to pay the debt off or refinance it, unless she reaffirms the debt or pays for it in the bankruptcy.
    Answer Applies to: Alabama
    Replied: 2/24/2012
    Anthony Saunders Esq., PLLC | Anthony M. Saunders
    In a bankruptcy proceeding you are to list all of your debts. From what you have described in your question, the car loan is a debt that she owns. Because of this, she can file for bankruptcy and include the car loan. The best advice to give is for you to contact the bank to get the car loan changed into your name. This request may be done before she files for bankruptcy as you can pay off her car loan with your loan.
    Answer Applies to: Utah
    Replied: 2/24/2012
    Law Office of William C. Wood, LLC | William C. Wood
    Yes. Unless she reaffirms the loan, then the vehicle may be subject to foreclosure. You may want to refinance the vehicle and have the car transferred to you as part of the divorce.
    Answer Applies to: Maryland
    Replied: 2/24/2012
    Heineman Law Office
    Heineman Law Office | Jeff Heineman
    Can my ex-wife file my car in her bankruptcy: Based on the information your provided, she must list your car in her bankruptcy. Bankruptcy law requires a debtor to list ALL assets, ALL debts, ALL creditors. In Idaho, title indicates ownership. Now, her interest in the car may be zero, but it must be listed. Ergo, the car must be listed. Can I lose the car in the bankruptcy: Based on the information your provided, the first question is whether the car has any equity. In other words, can you get enough money from the sale of the car at an auction to pay off the loan, as well as the auction fee and the buyer's premium (approximately 17%). If not, then the trustee will not take the car.
    Answer Applies to: Idaho
    Replied: 2/24/2012
    Debt Relief Law Center | Roger J. Bus
    Unfortunately yes. The security agreement sounds like it is in her name only. If she files Chapter 7 and rejects the car note, the creditor will pick up the car. Your only recourse would be to go back to the original divorce judgment and see if there is a "hold harmless" clause- e.g.- she is to make sure the car note is protected and you are "held harmless." You would then have to file an action in family court or circuit court for enforcement of that provision. Or, you could beg the car note creditor to allow you to continue to make the payments. Last but not least, you could kindly ask your ex-spouse to sign a reaffirmation agreement on the vehicle- and convince her you will never default on it causing her future liability.
    Answer Applies to: Michigan
    Replied: 2/24/2012
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    If you keep making the payments you should be able to keep it. Contact the lender ASAP.
    Answer Applies to: California
    Replied: 2/24/2012
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    If she does not reaffirm the debt in the bankruptcy, the creditor can repossess the vehicle if they like after the case is closed, regardless of who is making the payments. If she doesn't or can't reaffirm, then you need to either find out if the creditor will allow you to continue to make the payments, which is not very likely, or refinance the loan into your name - with them or with someone else.
    Answer Applies to: California
    Replied: 2/24/2012
    Law Office of Larry Webb
    Law Office of Larry Webb | Larry Webb
    Actually she must list all of her debts, she doesn't have the option not to list the debt in her name. From the facts you provide; she must list the debt as hers alone and the car as jointly owned by both of you. Titles mean something, the car belongs to both of you.
    Answer Applies to: California
    Replied: 2/24/2012
    J.M. Cook, P.A. | J.M. Cook
    You own one-half interest in the car and the bankruptcy estate basically owns the other half. So, if over and above the lien of the car loan, there is equity, one half belongs to the bankruptcy estate and the other half belongs to you (inferring the fact that she won't use her exemption to save your car). So, yes if the car is worth more than the loan, there is a good chance the trustee will sell the car and split the profit with you. Alternatively you may make a deal with the car for his half and assume the car loan.
    Answer Applies to: North Carolina
    Replied: 2/24/2012
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    Possibly, you will need to file something with the car company saying that you will be obligated to pay.
    Answer Applies to: Florida
    Replied: 2/24/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    If you continue to make the payments, you will not lose the car. She can file against the car so that she will not have future liability for the loan. But as long as you continue to make payments you should be fine.
    Answer Applies to: California
    Replied: 2/24/2012
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    Yes it must be listed. Maybe it depends on whether it is exempted or whether it needs to be exempted.
    Answer Applies to: Michigan
    Replied: 2/24/2012
Click to View More Answers:
12 3 4 Free Legal QuestionsConnect with a local attorney