I am getting my paperwork together for bankruptcy. My fiance lives with me but we have no joint assets. He has two vehicles. Title/registration/ and insurance are in his name. I do drive them on occasion. Do I need to list his property in my bankruptcy paperwork? We live together but I have not invested anything into his vehicles. How will his property effect my exemptions? I plan to reaffirm with my lender for my vehicle which is in my name...
Chapter 13 Bankruptcy Attorney
In a Bankruptcy, you only need to list your assets that are in your name. In addition you only list creditors that you owe money too. So if the debt for your vehicle is only in your fiance's name, you will not list it in your Bankruptcy, nor would you need to list the Vehicles titled in your Fiance's name.
Since the assets belong to your Fiance, they do not effect your exemptions. You would only need to concern yourself with the vehicle in your name and the debt associated with it, as well as any other debt and assets listed in your name.
This response is for general information purpose only and does not create a client/attorney relationship. The answer is not complete and may not be the best course of action for you to take based on the limited information. You are encourage to seek at least a consultation with an attorney to see your options on the matter.
Property which you own is to be listed on Schedule B of the Official Forms. Property which you have use of, but do not own, goes on the Statement of Financial Affairs at question 14. Property owned by another does not affect your exemptions.
Posting questions anonymously and receiving general answers do not substitute for consulting with an attorney licensed to practice in the jurisdiction in which you live. Answers posted here by Kevin C Gleason are only intended for general education of the public on legal matters. Please consult a qualified professional before deciding what to do about your situation.
Family Law Attorney
I agree with both attorney. However, for qualification purposes, you need to list your fiance's net monthly income for all sources. His name does not need to be listed, but ALL household income is. Also, ALL household expenses should be listed, including his debts payments, such as car payments, CC payments, etc. I STRONGLY suggest you consult with a BK attorney. Good luck.
Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.