How will my boyfriend's assets affect my bankruptcy?
Altamonte Springs, FL |
I'm filing for chapter 7 bankruptcy. Will I have to list my live in boyfriend's vehicles? He has 2. They are in his name only. I already have a vehicle in my name that is listed in the bankruptcy. How will his assets affect my bankruptcy?
If your name is not on the titles to your boyfriend's cars, then you do not own the cars, so they are not included in your bankruptcy case. You are not married and his assets are not yours. The exception would be if your name used to be on the title to his vehicles and you just took your name off. But if the vehicles have always been in his name you are fine.
If you are joint on his or anyone else's bank account, than can be considered your money and would have to be listed.
Last, his income could be required to be disclosed in your bankruptcy case because they look at whether he is supporting you for purposes of the Means Test. Heads on Beds means they look at everyone who lives in the same household who earns money.
You need an attorney if you don't already have one who can help you with issues you may not be aware of. Good luck.
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His sole assets are not considered. Any joint assets need to be listed and any equity exempted pursuant to applicable state law. If he provides any support to you, that support would need to be listed as income to you. I strongly recommend you consult with a local bankruptcy attorney and to not file without the assistance of an attorney. The potential costs of messing up a filing far outweigh the attorney's fees you will pay.
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It should not be taken into consideration. However, if you transferred a vehicle to him, or paid the deposit for the vehicle, that would be a potential issue. If you have filed for bankruptcy, as your question infers, then hopefully you have an attorney who can address this issue.
The response given is general in nature and based upon limited information. It does not and cannot replace that of a proper consultation with a qualified attorney. You should not act upon this Information alone, but should seek legal counsel prior to taking any action.
His assets will likely not be counted as your as many other lawyers have indicated. However, if you paid completely for one of the cars and use the car regularly you might have an issue. If they are really your boyfriends cars and he uses them regularly then they are his assets and separate from the ones you report generally.
These statements do not constitute legal advice. They are meant to be general in nature, for any specific legal questions you should always seek the counsel of an experienced attorney.
His assets will not affect your bankruptcy. However, you should disclose to the court that he lives there and his assets in the house/apartment are his and not yours. The key in bankruptcy is full disclosure so it is not wise to say that you live alone and then have a trustee discover this is not true.