QUESTION

Will we lose our car in a chapter 7 bankruptcy?

Asked on May 01st, 2011 on Bankruptcy - California
More details to this question:
My father and mother in law are filling chapter 7 bankruptcy. When we got our car my mother in law signed as the primary owner, my husband is the cosigner. We have been the ones making every payment. Can the car be taken away from us even though we have been the ones paying for it? Is there something we could do to be able to keep our car? Can this affect my husbands credit in any way?
Report Abuse

5 ANSWERS

Bankruptcy Attorney serving Beverly Hills, CA
2 Awards
Your mother and father in law will have to decide if they are willing to reaffirm the debt to the car lender. If they are willing to do so, and if there is not more equity in the car than any available exemption, you will be able to keep the car. If they want to get out from the obligation to pay the car loan, they may reject the loan and the lender may then seek to repossess the car.
Answered on May 17th, 2011 at 9:15 AM

Report Abuse
As long as you continue to make the timely payments, it won't affect you keeping the vehicle in that regard. Also, it won't affect your husband's credit. The one thing to be clear about is whether any equity exists in the vehicle with regard to it potentially being unprotected and subject to liquidation - but this is something that is subject to the applicable exemptions available to the person filing bankruptcy.
Answered on May 03rd, 2011 at 10:11 AM

Report Abuse
Bankruptcy Attorney serving Hayward, CA at Carballo Law Offices
Update Your Profile
I doubt very much you will lose the car so long as you keep the payments current. I would not worry too much about that unless it is a very expensive car in which your husband has a lot of equity. You should be able to ask your inlaws' attorney to explain it to you so you will not be worried. The car needs to be disclosed by your inlaws in their schedule B and the loan on schedule D. However, it must be disclosed that the true owner is your husband (equitable owner) and that he is a co-owner. Your husband must be disclosed also as a co-debtor on the car loan. Your husband's credit report will show that the car loan is involved in a bankruptcy case since that is true. However, that should have no effect on his credit rating. Unfortunately, the word bankruptcy being mentioned in his credit report may be misunderstood and he may be denied credit by the less sophisticated lenders and others using credit reports without fully understanding them, such as landlords. I am sure someone will think that your husband filed for bankruptcy since the report will mention that the loan is involved in a bankruptcy case. Any chance of your husband getting a new used car loan and paying off the existing loan before the bankruptcy?
Answered on May 03rd, 2011 at 9:41 AM

Report Abuse
Proving that you have made all the payments should help you establish real ownership. If the car is not paid for your husband's credit will be affected and he can be sued by the lender. It depends on how the bankruptcy schedule B describes this asset. Also, it depends on how the exemption is claimed in Schedule C. Your parents' bankruptcy attorney should be able to explain those things to you.
Answered on May 02nd, 2011 at 10:12 AM

Report Abuse
Alternative Dispute Resolution Attorney serving Ventura, CA at Zahn Law Office
Update Your Profile
The car is subject to the bankruptcy court (assuming it was listed as a debt). It will not effect your husband's credit and, provided you continue to make the payments, they probably won't ask to repossess the car. Your mother in law can reaffirm the debt if she wants to, but I don't recommend doing that.
Answered on May 02nd, 2011 at 10:01 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters