I bought my ex a car but the title and all in her name so I had her to go get a title loan for me if I file chapter 7 can it go?
3 attorney answers
Call the Bankruptcy Court in which she is living and ask about any Bankruptcy filing. If so, obtain the chapter #, case #, date of filing.
If you are filing bankruptcy you must look at what is the real FAIR MARKET VALUE vs how much is really owed on the vehicle. If no equity, drive it for free as long as you can and then let the creditor have it and start fresh with a new used vehicle!
Your asking that question implies you have not called and discussed with an experienced bankruptcy attorney near you as you would or should know the answer to that question posted here on AVVO. Other facts and issues can gravely affect your case so I will point these out for you next some issues so you know you only need to do one thing now: call an attorney near you to discuss bankruptcy. You need and want to enjoy your fresh start also. But the most important thing is to meet with an attorney as you asking this question means you have not. You care about 2 goals: keeping everything you have equity in and discharging all your debts. If you don't have any of the exceptions to discharge you will obtain that goal; most exceptions are set forth in 11 USC. 523 (Google it) like child support, some income taxes, traffic (in a ch 7) and criminal fines , and presumption of student loans. But some debts are dischargeable in a ch 13 but NOT in a ch 7 so you want to make sure and your attorney will discuss any such types with you also!
Your exemptions depend on what state you have lived in in the last 2 years and thus if in your state, then your states exemptions will apply. Most persons filing keep everything they own but your attorney will confirm that with you when they learn everything you own and the equity thereof!
Some secured debts like homes, vehicles, other secured debts an attorney will discuss your options on also as you must list any debts; but that does not mean you will lose them unless you have too much equity or are in default on paying for them! Discuss those options if they apply with your attorney too.
But other issues can arise that can greatly harm your case. Just one example: If you paid back a relative $3,000 11 months ago and now file bankruptcy next week, the trustee can SUE that relative to retrieve that $3,000 (under what is called a preference) for the benefit of the bankruptcy estate. As a result, most attorneys don't charge to meet with them the first meeting so meet with one no matter what.
Many great attorneys can be found right here on AVVO in your state so look, call, and meet one as soon as you can.
You should also want to know when to file: is there an advantage of waiting versus filing now and who should you pay between now and then! Good luck and enjoy your later fresh start.
You can file Chapter 7 as to any claim that the title lender may have against you. However, the lien will remain on the property and your girlfriend will still owe the debt. And, since the title is now in totally in her name, filing the bankruptcy will not stop the title lending company from picking up the car anytime that the loan is not current unless she is in fact in bankruptcy.
Licensed to practice in the State of Georgia only. The statements provided herein are for general informational purposes and should not be relied upon as a legal opinion or statement of the law. An attorney licensed to practice law in your locality should be consulted as to the law in your state.
If you want to retain the vehicle, the title loan company probably has a lien on the title. To keep the car, you must pay the lien. Even though you have the car back, you also don't own the car without the proper paperwork from the ex.
If you file chapter 7, you should list any claim you have to own the vehicle and list the title loan as a secured debt. Hope this perspective helps!
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