QUESTION

My ex husband was awarded car in divorce and is filing bankruptcy. My name is still on car loan, can they come after me for the loan?

Asked on Apr 23rd, 2014 on Bankruptcy - Indiana
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1 ANSWER

Personal Injury Attorney serving Fall River, MA at Botelho & Associates, LLC
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Yes, they can come after you for the loan. Divorce court has no bearing on bankruptcy court or mortgages. If something is not paid off, simply because the divorce decree states that the other person obtain the property, this in no way affects the mortgage or loan on a home or the vehicle. The answer to this is the same as if there was a mortgage on a house that your name was on, that was given to your spouse in a divorce. If your name is on all loan or mortgage and the other person who's on their file for bankruptcy and received a discharge, the bank will go after you for the money regardless of any court judgments. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147
Answered on Apr 24th, 2014 at 12:48 PM

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