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My ex-friend and I signed for a loan to purchase a car. We are on longer together and he is hasting me about the car. Can I

Charlottesville, VA |

alone file a chapter 7 bankrupcty on this car loan?

Attorney Answers 4

  1. You can file a bankruptcy on your own, assuming there are good reasons to do so, and assuming you are eligible for a discharge. You don't say whether you have other debt or who currently has the car.

    You should schedule a consultation with a local bankruptcy lawyer who can help you determine whether a bankruptcy makes sense for you.

  2. Who else would you file bankruptcy with? You can only file a joint bankruptcy with a spouse, not a mere friend.

    Hope this perspective helps!

  3. Sure, if you file a Ch7 bankruptcy, you must include this debt along with all your other debt. Ms. Bunce is correct you, you and your ex-boyfriend could not file jointly anyway. In addition you will need to qualify for filing a Ch7 by passing the means test. To get answers about your particular situation, I strongly recommend you consult with a local bankruptcy attorney.

    DISCLAIMER: This message is intended as a general discussion of legal issues and not as a statement of fact, legal advice or a legal opinion. No attorney-client relationship is created by this message. Do not act or rely upon law-related information in this communication without seeking the advice of an attorney licensed to practice in the relevant area. I am a Federally Designated Debt Relief Agency under the United States Bankruptcy Code. I proudly help people in financial need file bankruptcy cases. IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment).

  4. If you are eligible to file bankruptcy, and then you could decide to surrender your interest in the car, thereby discharging that debt. As you can tell by my answer, there are a few "if"s to deal with. You really need to speak to a local attorney in your area to discuss what is best for you.

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