Free Case Evaluation by a Local Lawyer!
Enter Zipcode or for Immediate Assistance call (888) 428-7281
Have a general legal question? Click hereAsk a Local Attorney. 100% Anonymous. Free Answers.
Or for Immediate Assistance call (888) 428-7281
Free Case Evaluation by a Local Lawyer: Click here
Philip R. Boardman, Attorney at Law | Phil Boardman
If the car has not been titled in your name and she does not file, then the trustee would not be able to take the car. However, if there is no equity in the car or if the exemption statutes cover the equity, the car would be safe anyway.
Answer Applies to: Virginia
Replied: 11/16/2011
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Maybe. Did the "community" make the payments? The real issue is "are there any equity on the car?". If not no worries. If it has equity, can you exempt it? To answer that I'd have to know what else you own.
Answer Applies to: California
Replied: 11/15/2011
Ashman Law Office | Glen Edward Ashman
If you are on the title, maybe. If not, no.
Answer Applies to: Georgia
Replied: 11/15/2011
Heupel Law | Kevin Heupel
So long as your name is not on the car title, then the trustee cannot take your wife's car.
Answer Applies to: Colorado
Replied: 11/15/2011
Weber Law Firm, P.C. | William Weber
It depends on your exemptions. If the property is exempt, it cannot be seized. If it is not exempt, it could be seized to satisfy the claims of creditors if it is community property (obtained during marriage).
Answer Applies to: Texas
Replied: 11/14/2011
Joseph Lehn, Esq | Lehn Law, PA
The trustee will not be able to take your wife's car if your name is not on the car and if your wife does not file.
Answer Applies to: Florida
Replied: 11/14/2011
Charles R. Nettles - Attorney at Law | Charles R. Nettles
No. The wife's car would be her own separate property that can't be reached for your debts. Besides, even if you file alone, you still get to keep an auto for each licensed driver in Texas.
Answer Applies to: Texas
Replied: 11/14/2011
Benson Law Firm | David Benson
In a Chapter 7 liquidation, the only assets that are reachable by the Trustee are those nonexempt assets titled in the name of the Debtor. If the car is in your wife's name only and she is not a named debtor, I don't see a reason why the Trustee would be able to make a claim against it.
Answer Applies to: Ohio
Replied: 11/14/2011
A Fresh Start | Sean P. Fleming
No, property in your wife's name will not be affected if you file an individual Chapter 7 bankruptcy.
Answer Applies to: Illinois
Replied: 11/14/2011
The Orantes Law Firm | Giovanni Orantes
The short answer is that it does not seem likely. However, you should consult an expert bankruptcy attorney to get a definite answer under your particular circumstances. With that said, most debtors usually retain all of their property, including cars, and if we're dealing with the separate property of a non-filing debtor, with more reason.
Answer Applies to: California
Replied: 11/14/2011
Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
Assuming just you are filing, and the car is in just her name, no, they should not take her car. But if you are filing jointly, then it depends on the value of the car and if you have enough to exempt it.
Answer Applies to: Michigan
Replied: 11/14/2011
Law Offices of Robert P. Taylor | Robert P. Taylor
If the car was paid off before marriage and is her name alone, then it's separate property and not subject to your BK (although you may need to prove it). If the car was paid off AFTER you were married, then there's a community property interest in the car which may have to be exempted.
Answer Applies to: California
Replied: 11/14/2011
The Law Office of Darren Aronow, PC | Darren Aronow
Trustee can only take something that is not exempt. If the car is not exempt and is YOUR asset, they can seize it, but here it sounds like this is not your asset to even list on your bankruptcy petition.
Answer Applies to: New York
Replied: 11/14/2011
Raxter Law | Jeremiah Raxter
It depends on how it (the car) is exempted. Your bankruptcy lawyer will determine whether an exemption applies to the car. Generally, a exemption exists, but not in all cases.
Answer Applies to: California
Replied: 11/14/2011
Buff & Chronister | G. Scott Buff
If the vehicle is titled in your wife's name and has always been titled in her name, it is not part of your Bankruptcy estate and a Chapter 7 Trustee cannot sell it for the benefit of your creditors. If the vehicle is jointly titled or there was a recent transfer from you to her, then there is the possibility that a Trustee could sell the vehicle for the benefit of your unsecured creditors. This does not sound like the case with your situation. You should consult an experienced Bankruptcy attorney before making a decision to file.
Answer Applies to: Georgia
Replied: 11/14/2011
The Law Offices of Kristy Qiu | Mengjun Qiu
As long as she's the only one on the title and the loan, no.
Answer Applies to: Florida
Replied: 11/15/2011
Harkess and Salter, LLC | Stephen Harkess
If your wife is filing with you and her car is worth more than the exemption amount, then the Trustee can have it sold. If the car is not in your name and you file alone, then the Trustee should have no interest in the vehicle.
Answer Applies to: Colorado
Replied: 11/14/2011
