Do I list the expense and leave secured claim blank since it’s not legally mine? 6 Answers as of April 04, 2017

I am filing bankruptcy but my husband is not and he has a car that I am paying on because he is unemployed. The car is legally his but I make the monthly payments.

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Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Do you live in a community property state, like Wisconsin and about 10 others? If so the debt MAY be yours as well. The answer may depend on whether he acquired the car after the date of your marriage. You really should consult an experienced BR lawyer on your locality, who can explore all the facts and give you fully informed advice.
Answer Applies to: Wisconsin
Replied: 4/4/2017
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
All of his expenses are included along with his income (if he is receiving any kind of benefits).
Answer Applies to: California
Replied: 4/4/2017
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
Please go see a local knowledgeable bankruptcy attorney for advice. California is a community property state and unless you have a prenuptial agreement that says otherwise the car is legally both of yours. A married person who files bankruptcy includes all community property not just separate property and the Trustee will be looking at it. This goes for property and income. It also sounds like you are trying to prepare your own case which is not advisable. This is not a do-it-yourself project. If you watch the cases for a while, you'll see most of the problems are with those filed without the assistance of an attorney.
Answer Applies to: California
Replied: 4/4/2017
A Fresh Start
A Fresh Start | Dorothy G Bunce
Your budget should include the debts you pay for reasonable living expenses. If your expenses do not allow you to make the GOOD FAITH TEST, your bankruptcy could be denied. Not having a payment on a car loan is often the difference in being eligible for bankruptcy and getting into trouble. I appreciate that it may be difficult to understand my answer. Which is why you need representation by an experienced attorney and not rely on free advice in an online forum.
Answer Applies to: Nevada
Replied: 4/4/2017
Law Office of Stuart M. Nachbar, P.C.
Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
Recommend that you list it.
Answer Applies to: New Jersey
Replied: 4/4/2017
    Ronald K. Nims LLC | Ronald K. Nims
    In the bankruptcy petition, you disclose the property that you own (but not property owned by others) and you disclose the expenses for your household including everyone that lives there. So the car and debt loan secured by the car are not disclosed on your petition while the loan payments are disclosed on your petition.
    Answer Applies to: Ohio
    Replied: 4/4/2017
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