Q: Can I claim a car payment in a bankruptcy that is titled in someone else's name, but I am making the payments?
My credit score was very low and I need a vehicle to drive to work. My mother has a great credit score, so she purchased the car. The loan is in her name, but I am making the payments. When the car is paid for, she will sign the title over to me. Can I claim the car payments as an expense on my bankruptcy?
A: What you have is a lease purchase agreement with your mother. If you have not filed your bankruptcy yet, then you and your mother should enter into a written lease which sets out the terms that you stated. In our jurisdiction, our UST office will allow us to show the auto lease expense on the means test and on schedule I & J.
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