QUESTION
Can my ex-girlfriend include my truck when she files for bankruptcy if we both have our names on it?
Asked on Sep 13th, 2012 on Bankruptcy - California
More details to this question:
My ex girlfriend is filling for bankruptcy and she told me that she was going to turn my truck in. Can she do that if both of our names are on it and she’s turning her car in to and both of our names are on that too. Can she do that since my truck is paid off and without me singing for her to?
7 ANSWERS
If you have possession of the vehicle and are making payments, it is unlikely that the creditor will take the vehicle. She can surrender her interest in the vehicle and be discharged from any further obligation on the debt. This might cause the creditor to take the truck if they believe you cannot afford it on your own. The other thing that might happen is that the trustee may take it to sell it to gain access to her share of the equity in the truck. To answer what you asked, since your ex girlfriend owns part of the truck and the debt on it, she is obligated to disclose that when she files.
Answered on Sep 22nd, 2012 at 10:18 PM
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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The truck will not be turned into a lender since it is paid off. You may have to buy her half from the trustee. You are still entitled to your half of the equity even if the trustee sells it. The trustee will have to contact you before that can be done. As for the car with the lien, if you do not keep the payments current, the bank can repo.
Answered on Sep 18th, 2012 at 5:12 PM
Richard S. Goodman
No, if the vehicle is in both your names. If she files, you still have your ownership interest.
Answered on Sep 18th, 2012 at 5:11 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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If you both own the truck, she cannot give it up. Your name should be on title.
Answered on Sep 18th, 2012 at 5:11 PM
Bankruptcy Attorney serving Bellevue, WA
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Wild Sky Law Group, PLLC
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If your truck is paid off, there is no one to "turn it in to." It sounds like she has partial ownership in your truck, which may end up begin transferred to the bankruptcy estate if she does not use an exemption for it. However, if she has sufficient exemptions for it, you may be able to have an attorney help you use them to exempt her ownership in your truck from the bankruptcy. You want to talk to a qualified debtor-creditor attorney for assistance.
Answered on Sep 18th, 2012 at 5:09 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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She must list all of her assets when she files bankruptcy. She does not have a choice about that. But she does not have to "turn it in," you also own it. She does not have to turn her car in either. It depends upon which chapter she files under, 7 or 13, as they are vastly different. If she files a chapter 7, the trustee may contact you and want you to purchase her interest in the vehicle, do not offer much.
Answered on Sep 18th, 2012 at 5:06 PM
Your former girlfriend must include all her debts when she files. Not to do so would be criminal misconduct. However, she and only she is protected by her bankruptcy filing. Your relationship with the bank that has the pink slip remains the same.
Answered on Sep 18th, 2012 at 4:08 PM