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?
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.
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