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If my wife files bankruptcy in illinois, would I lose my motorcycle. My wife took out the loan on it, but I'm paying the payments. I'm about to pay it off. Loan is in her name, bike is in my name. It is worth about $16,000
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The answer appears to be no.
If the title is solely in your name, that should control. How there was a loan given to your wife with your mtorcycle as collateral is another question. There may be a need for her to discuss this with her BK7 attorney. A simple resolution may be giving a copy of the title to the attorney showing she is not a holder; if need be, the attorney can then produce it to shown this to the Trustee.
As to the loan, it may be discharged; your wife may face a non-dischargeability claim. There may be no further need for payment, but, again, this depends on what the loan note/agreement actually says. An attorney review might be in order. It does seem that, regardless of the loan, the motorcycle should not be included as an asset - exempt or otherwise - in her BK7.
Answered on Sep 06th, 2017 at 11:35 AM