Q: wanting to file ch 13 to keep car. My wife is currently in ch. 13.
since both our names are on the vehicles, will it affect me from filing. my vehicle is not being paid through her bankruptcy its list as direct pay.
A: Should not affect your filing.
A:
Hello. The fact that you have a co-signer who is also in a separate bankruptcy case will not keep you from filing your own case. The bankruptcy petition asks whether a spouse is in a pending case, so you will need to disclose that information, along with listing her as a co-signer on Schedule H to the petition. Your plan will need to indicate that you want to keep your vehicle and how you will pay it (i.e., through plan payments or directly).
Wishing you the very best,
Jeff Narmore
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
