QUESTION

If I am filing bankruptcy and my car is in my mom name, can I use the car for filing or no because it is not under my name?

Asked on Dec 26th, 2016 on Bankruptcy - Wisconsin
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4 ANSWERS

You can only list YOUR debts (i.e., debts in your name).
Answered on Feb 22nd, 2017 at 4:41 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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You can only list debts in bankruptcy that you owe, not debts other people owe. If the car is yours, you need to list both the car and the secured debt in your bankruptcy, not to eliminate this debt, but to reduce the equity in the vehicle.
Answered on Feb 21st, 2017 at 6:51 AM

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I'm not quite clear on what you mean when you write 'use the car for filing.' Do you mean can you list it as your own property? No, because it is your mother's property. Does it mean can you exempt the value of the vehicle? No, because you can only exempt property in which you have an ownership interest? You might want to rephrase your question, or, better yet, consult a lawyer in your locality who is well-informed about bankruptcy.
Answered on Feb 21st, 2017 at 6:50 AM

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One of the questions on the paperwork asks about property belonging to someone else that you use or control. That is where the car would be reported.
Answered on Feb 21st, 2017 at 6:50 AM

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