If you are both co-debtors under the purchase agreement, when your boyfriend files for bankruptcy protection under any chapter, he can simply surrender the vehicle, which will wipe out the debt for the vehicle as to him. You, however, will remain liable under the purchase/loan agreement and may keep your car so long as you keep making the payments.
Now, if he pays for only the market value of the car under the Chapter 13 plan, the co-debtor stay should protect you while he performs under the Chapter 13 plan, but neither your nor him will get title to the car until the plan is completed. If you split up before the plan is completed and he modifies his plan to surrender the vehicle (which is something any good attorney would advise him to do because the attorney's obligations run to the specific client) and stop making the reduced payments, you will still be liable for a large amount of arrears and the lender may repossess the vehicle if you don't get current or make arrangements with the lender unless, of course, you file bankruptcy yourself at that point and cram down the vehicle to market value in your own Chapter 13 case.
Answered on Apr 08th, 2011 at 9:30 AM