Montgomery, AL asked in Bankruptcy for Alabama

Q: Can I file and put my auto loan in it but my spouse does not want to file and he is secondary on the auto loan

Can I still file and put the auto loan in chapter 13 without my spouse having to file?

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3 Lawyer Answers
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
Answered
  • Bankruptcy Lawyer
  • Boyertown, PA

A: Sure you can. And in a Chapter 13, there is a "co-debtor stay", so while you are in your Ch. 13, creditors are stayed from attempting to pursue the debt against both you and your spouse.

By the way, when you file a bankruptcy case, you must disclose ALL your debts, as well as all your assets, and you sign those disclosures under penalty of perjury. Nobody gets to choose what debts or assets are "in" the bankruptcy.

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Yes.

James Edward Loris Jr
PREMIUM
James Edward Loris Jr
Answered
  • Bankruptcy Lawyer
  • Mobile, AL
  • Licensed in Alabama

A: Sure you can, as long as it’s a joint loan in both names

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