QUESTION
Is my 18 year old child's(who is in college)car protected if we file bankruptcy, the car is in her name, given to her by her grandfather 2 months ago
Asked on Sep 15th, 2013 on Bankruptcy - Kansas
12 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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Yes. The trustee can only to take property that you own.
Answered on Oct 31st, 2013 at 3:43 AM
If the vehicle isn't in your name, there is no requirement to include it in your bankruptcy. If you are a co-owner, then you must report your ownership interest on Schedule B even if no one believes you to have any real interest in the vehicle.
Answered on Sep 17th, 2013 at 3:10 PM
2 Awards
If the car is in your daughters name then you do not own the vehicle and it would not be listed this property in your bankruptcy case.
Answered on Sep 17th, 2013 at 2:55 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Need details, but most probably. Speak with your bankruptcy attorney.
Answered on Sep 17th, 2013 at 2:53 PM
Personal Injury Attorney serving Glendale, CA
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JT Legal Group
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What does your 18 year old child's car have to do with your bankruptcy? If you're going to be doing weird things you absolutely need an attorney.
Answered on Sep 17th, 2013 at 2:52 PM
If the vehicle is in her name and there is no debt on it that is in your name, even as a co-signor, the car belongs to her and you do not have to list it as an asset in your bankruptcy.
Answered on Sep 17th, 2013 at 10:52 AM
Sanford M. Martin
Of course your daughter's car is protected so long as the filers are not involved in the debt of the car. It is a question that if you study the 201-A instructions for filing Chapter 7, you will be counseled in such issues.
Answered on Sep 17th, 2013 at 10:39 AM
Chapter 7 Bankruptcy Attorney serving Huntington Beach, CA
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Law Offices of Robert Parkinson Taylor
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If you didn't give it to her, and its not in your name, and she's an adult, I can see why not.
Answered on Sep 17th, 2013 at 10:38 AM
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
2 Awards
As long as it is not in your name and has never been in your name, it will not be effected.
Answered on Sep 17th, 2013 at 10:38 AM
Real Estate Litigation Attorney serving Santa Ana, CA
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Gregory L. Bosse
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Yes, as an adult her car belongs to her. Your bankruptcy should have no effect on her.
Answered on Sep 17th, 2013 at 10:38 AM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Unfortunately, it is not her car if it is not in her name. Do not put it in her name as that would be a fraudulent conveyance and may not be necessarily if its value falls within your exemption limits.
Answered on Sep 17th, 2013 at 10:37 AM
Bankruptcy Attorney serving Overland Park, KS
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The Smalley Law Firm, LLC
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Yes, if the car is in her name only.
Answered on Sep 17th, 2013 at 10:37 AM