QUESTION
In a chapter 7 bankruptcy do I have to add my husbands car if it's on my name?
Asked on Apr 02nd, 2012 on Bankruptcy - Minnesota
More details to this question:
In a chapter 7 bankruptcy do I have to add my husbands car if is on my name?
17 ANSWERS
Yes.
Answered on May 30th, 2013 at 2:26 AM
Bankruptcy Attorney serving Hampton, VA
at
Haven Law Group, P.C.
Update Your Profile
Yes.
Answered on May 30th, 2013 at 1:38 AM
Anything in your name is technically an asset belonging to you that must be listed in bankruptcy.
Answered on Apr 11th, 2012 at 12:27 PM
Bankruptcy Chapter 7 Attorney serving San Diego, CA
at
Law Office of Asaph Abrams
Update Your Profile
In chapter 7 bankruptcy and in chapter 13 bankruptcy, the debtor's assets that constitute the bankruptcy estate include community assets. The type of asset & the debtor's interest in it-not just its form of titleis material. This answer (by San Diego bankruptcy attorney, Asaph Abrams) doesn't address all facts & implications of the question; it's general info, not legal advice to be relied upon. It creates no attorney-client relationship; it may be pertinent to CA and/or its Southern District Bankruptcy Court only, and it's independent of other answers. It may be time sensitive, as in past the "Use by" date: laws and case law change. Hire legal counsel before acting or refraining from bankruptcy/legal action.
Answered on Apr 04th, 2012 at 7:11 PM
Commercial Bankruptcy Attorney serving Davie, FL
at
Law Office of Jeffrey Solomon
Update Your Profile
Yes. There is a legal concept called bare legal title to say an asset in your name is not really yours, but this would be highly unlikely to work with a spouse. You should consult an attorney on this matter.
Answered on Apr 04th, 2012 at 1:43 PM
Bankruptcy Attorney serving Overland Park, KS
at
The Smalley Law Firm, LLC
Update Your Profile
Yes, it must be listed if you are listed on the title.
Answered on Apr 04th, 2012 at 11:09 AM
If your name is on the title but you have no actual ownership interest, you can list the property on your Schedule B and also claim a 0% interest.
Answered on Apr 04th, 2012 at 10:37 AM
Bankruptcy Attorney serving Concord, CA
at
William Rubendall Attorney at Law
Update Your Profile
All assets in your name must be listed in bankruptcy.
Answered on Apr 04th, 2012 at 10:17 AM
Bankruptcy Attorney serving Livonia, MI
at
Charles J. Schneider, P.C.
Update Your Profile
We designate ownership not by who uses the vehicle but whose name is on the title. If your name is on the title you own it. It is therefore listed in your bankruptcy.
Answered on Apr 04th, 2012 at 10:17 AM
Chapter 7 Bankruptcy Attorney serving Clinton, MS
at
Timothy Kevin Byrne Attorney at Law
Update Your Profile
Yes if your name is on the title .
Answered on Apr 03rd, 2012 at 4:17 PM
Business Bankruptcy Attorney serving Raleigh, NC
at
J.M. Cook, P.A.
Update Your Profile
If the car is in your name, it is your property regardless of who uses it. If you have an equitable argument of why it shouldn't be, you can put it under property held for another and explain. However, there is no guarantee the trustee won't liquidate an unexempt asset.
Answered on Apr 03rd, 2012 at 2:42 PM
Unfortunately, you must list on Schedule B any assets that are in your name even if you do not use it. However, you may be able to exempt this property so you will not lose it per 11 U.S.C. 522(d).
Answered on Apr 03rd, 2012 at 1:44 PM
Bankruptcy Attorney serving Houston, TX
at
Pamela L. Stewart, Attorney at Law
Update Your Profile
Yes. If the vehicle is titled in your name, it is one of your assets. If the debt is in your name, it is your debt and must be disclosed.
Answered on Apr 03rd, 2012 at 1:16 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Generally if the asset is in your name it is your asset and must be scheduled.
Answered on Apr 03rd, 2012 at 12:59 PM
Bankruptcy & Debt Attorney serving Syracuse, NY
at
Theodore Lyons Araujo
Update Your Profile
All property to which you hold title or are on the Deed must be reported. Although you consider it your husbands car because he drives it, the person on the title owns the vehicle as a matter of law.
Answered on Apr 03rd, 2012 at 12:53 PM
Yes. The asset is both in your name and is community property, so it must be listed as your asset.
Answered on Apr 03rd, 2012 at 12:44 PM
Chapter 13 Bankruptcy Attorney serving Bloomington, MN
at
Gregory J. Wald
Update Your Profile
You must schedule all of your debts and all of your money and property, including any vehicles loans to which you are a party and any vehicles that are titled to you or you otherwise have a legal or equitable interest.
Answered on Apr 03rd, 2012 at 12:42 PM