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:
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
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