What can be done, if he has filed chapter 7 on the loan?

Asked about 1 year ago - Clinton, MS

My husband was married before he and I got married. His then wife and him had a ford taurus and a ford explorer. He kept the explorer and she kept the taurus. It was agreed upon in the divorce that they each would be responsible for the loan of the vehicle they kept. My husband vehicle was stolen and he filed bankruptcy because of financial issues from the divorce and now years later the company is coming after her for the loan and garnishing her check. She said she's going to get her a lawyer to sue my husband to get her money, because he was to pay the loan.

Attorney answers (2)

  1. Michael Avanesian

    Pro

    Contributor Level 16

    2

    Lawyers agree

    Answered . From what it sounds like, you should let her get her lawyer to sue you. Then you can sue the lawyer and her for violating the discharge injunction.

    I'd speak to a local attorney because obvsiously I don't have all the facts and the attorney will be able to probe into your affairs.

    The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may... more
  2. Russell J Hebets

    Contributor Level 10

    1

    Lawyer agrees

    Answered . If she does sue over the loan your husband probably just needs to present the original bankruptcy order. You may also try to consult with counsel now and see what they think is the most beneficial action given local law, this will also help so that if you do ever need a lawyer once the suit is filed you know who you will call.

    These statements do not constitute legal advice. They are meant to be general in nature, for any specific legal... more

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