What will happen if I have a car but it is in my name and my husband’s name but he is not filing a chapter 13 but will the car be covered? 11 Answers as of September 30, 2013

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Stephens Gourley & Bywater | David A. Stephens
The car will be covered for your chapter 13, but after the discharge your spouse may be liable for any debt in his name not paid in full by the Chapter 13.
Answer Applies to: Nevada
Replied: 9/30/2013
Bird & VanDyke, Inc.
Bird & VanDyke, Inc. | David VanDyke
It depends on what your intention with the car is. If you intend to keep it and simply pay it in full through your chapter 13 plan it is probably Ok. If you intend to surrender it or attempt to modify its original terms then it could be a problem.
Answer Applies to: California
Replied: 9/30/2013
Mark S Cherry, Attorney at Law, PC
Mark S Cherry, Attorney at Law, PC | Mark Cherry
Do you mean reaffirmed or discharged by "covered"?
Answer Applies to: New Jersey
Replied: 9/30/2013
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
This is a question for your attorney. They can ask you more questions and find out what you mean by "covered." What are you trying to accomplish? You need to speak with a knowledgeable local bankruptcy attorney. If you are thinking about filing a Chapter 13 on your own think again! I was at a 341 hearing last week when the Trustee made a speech about how many cases were dismissed because they were not properly prepared. He explained to the debtors that he could not give legal advice and the law is so complex since the 2005 amendments that no one should attempt to file their own Chapter 13.
Answer Applies to: California
Replied: 9/27/2013
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
In Chapter 13 there is a "co-debtor stay" so yes, the car would be covered by the terms of the plan.
Answer Applies to: California
Replied: 9/27/2013
    Tokarska Law Center
    Tokarska Law Center | Kathryn U. Tokarska
    Not sure what you mean by "covered" but what happens to the vehicle will depend on some other facts. The questions I would raise to you as your attorney are how much is the vehicle worth (www.nada.come can give you valuation)? Is the vehicle collateral on a loan? Are you obligated to make payments on that loan? Can the household afford the payments whether it is part of the chapter 13 Plan payment or not? Is the vehicle necessary, reliable and you wish to keep it? Statistically, Chapter 13s filed by self represented party have a very tiny success rate, like less than 1%, so you'd be wise to retain an attorney to handle your case. They should be able to answer your questions, including ones you may not have yet considered.
    Answer Applies to: California
    Replied: 9/27/2013
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    It sort of depends on what the car is worth and what is owed against it.
    Answer Applies to: Nevada
    Replied: 9/27/2013
    Maskell Law Firm, P.C.
    Maskell Law Firm, P.C. | Eric A. Maskell
    Yes. The car will be covered by your Chapter 13 automatic stay. Additionally, 11 USC ?1301 provides an automatic stay against the co-debtor as well so your husband would be covered as well.
    Answer Applies to: Texas
    Replied: 9/27/2013
    The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
    Yes, the car will be covered if you promise to pay for the car through the plan. In that case, the co-signer will be protected by the stay. You may file individually on joint debt, but there are many factors to consider whether that is appropriate. Talk to an attorney about your entire situation.
    Answer Applies to: Wisconsin
    Replied: 9/27/2013
    Charles R. Chesnutt, P.C.
    Charles R. Chesnutt, P.C. | Charles R. Chesnutt
    Depends on what you mean by "covered." It is not possible to predict the effect of your Chapter 13 on his car from the facts given. But under normal circumstances, he would simply continue on the payments on his car.
    Answer Applies to: Texas
    Replied: 9/27/2013
    Stuart P Gelberg
    Stuart P Gelberg | Stuart P Gelberg
    You will not lose the car (to the lender) as long as you continue to make payments. It is possible you will also need to reaffirm the debt.
    Answer Applies to: New York
    Replied: 9/27/2013
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