Dallas, TX asked in Bankruptcy and Divorce for Oregon

Q: i my ex wife files bankrupcy a vehicle with both of our names can she put the vehicle in and will it hurt my credit

she got the vehicle in the divorce decree but both names are still on it

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1 Lawyer Answer
Joanne Reisman
Joanne Reisman
Answered
  • Bankruptcy Lawyer
  • Portland, OR
  • Licensed in Oregon

A: I don't know what you mean in terms of the vehicle is in both names. Do you mean that you both bought it and you both are on the loan, then you can take over paying the loan and retain the vehicle. What did your divorce decree determine in terms of who was to get the car and who was to pay the loan? If your wife is filing a chapter 13 bankruptcy you will need to read her proposed plan. She may be proposing to keep the car and continue to pay for it. Similarly in a chapter 7 she may propose to keep the car and continue to make the payments. (I am assuming that she was awarded the car in the divorce to make either of these options possible.) If she is proposing to turn the car in and walk away from the loan, you need to be in a position to claim the car and pick up the payments before that happens. You will probably need an attorney to help you with this.

On the other had if you were awarded the car and you have it and you are making the payments, it probably doesn't matter what your wife does in her bankruptcy - you just need to keep making the payments. But you should read the bankruptcy paper work and make sure that there is nothing stated that may confuse your loan creditor.

FYI - you will only get a general notice of the bankruptcy when it was filed. They won't send you a copy of the entire Petition which is what you will really need to review. You will either have to go to the bankruptcy court and pay for a copy or get a bankruptcy attorney to help you access an electronic copy on line from the bankruptcy court.

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