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This is regarding the forms I viewed on the Pacer website. My co buyer is seeking discharge and surrendering it. I posses the vehicle and continue to make payments/insurance/repairs etc since getting it. But I am not listed as a co debtor on the 309a form I received. [Michigan] In the schedule A/B section, it is listed that only “co debtor 1” has interest in car and then lists current value of property and the current value “they” own. I am confused by this. Shouldn’t the “at least 1 of the debtors and another” be selected? As I also have interest? And then in schedule D, in the “who owes the debt” the “at least 1 of debtors and another” is selected? I am also confused by this. What are columns A, B and C in the schedule D part? Also, in schedule C section, she selected “yes” to the property being exempt. What does this mean? Lastly, the car in question is a 2016, on the documents I viewed, it is listed as a 2019. Will this be a problem? I know legal terms matter
1 ANSWER
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Charles J. Schneider, P.C.
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None of your concerns about the accuracy of your co-buyer forms in their bankruptcy matter to you. Those inaccuracies, if any, cannot affect your right to keep the car if you continue to make your payments. The only thing that could happen that would affect your right would be to fail to make your payments or if there were non-exempt equity that a chapter 7 Trustee would seek to liquidate. The latter is unlikely if you owe more on the vehicle than it's worth.
Answered on May 13th, 2021 at 8:45 AM