QUESTION

Can I keep my car if we file chapter 13?

Asked on Apr 05th, 2011 on Bankruptcy - Indiana
More details to this question:
Me and my boyfriend are co-owners of my car. He is going to file Chapter 13 and wants to put my car on there. If he does do that and we split up, can I keep my car if he and his attorney agree to surrender the car to me in court?
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2 ANSWERS

Consumer Bankruptcy Attorney serving Los Angeles, CA at Orantes Law Firm
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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

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Putting the car through the Chapter 13 only serves to coordinate his obligation to pay on the debt. If you two split, and you're both on the title to the vehicle, you have a number of different arrangements you can make where you agree, or a court decides for you, to whom the car is given and how it is to be paid off.
Answered on Apr 08th, 2011 at 8:58 AM

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