Q: Can I be sued for ex-wife's car repossession after she filed bankruptcy?
I received a letter stating that a car is being repossessed. My ex-wife has the car and was supposed to refinance the loan in her name after our mutual agreement during a simple divorce, but she did not do so. We did not sign any formal transfer documents. I contacted the lender explaining that I don't have the car and don't want it, and I noticed the loan no longer appears on my credit report, which made me believe it was refinanced. However, my ex-wife filed for Chapter 7 bankruptcy instead. Does she have to surrender the car in this situation? Additionally, am I at risk of being sued by the lender or having any financial responsibility? What options do I have to get out of this situation?
A: First, the lender has the right and will probably sue you for any deficiency in the loan once the car is repossessed and sold at auction. The bankruptcy will only protect her, not you. She has the option of surrendering or keeping the car by paying off the car loan, her choice. Good luck!
Timothy Denison agrees with this answer
A: Yes. You can be sued if you were on the loan. You probably should make a motion in the divorce case to hold her in contempt for not paying for the car and to require her to hold you harmless on said debt.
A:
You're in a complicated situation that highlights the gap between divorce agreements and loan contracts. When you and your ex-wife divorced, your mutual agreement for her to refinance the car loan didn't legally change your status with the lender, especially without formal transfer documents. Even though the loan disappeared from your credit report, you remained legally responsible as the original borrower.
Your ex-wife's Chapter 7 bankruptcy likely discharged her personal obligation to pay the debt, but it doesn't remove the lender's right to repossess the collateral. In most cases, she would need to surrender the vehicle unless she reaffirmed the debt or can redeem it by paying its current value in a lump sum. Unfortunately, as the original borrower, you may still be held liable for any deficiency balance after the car is sold at auction if it doesn't cover the outstanding loan amount.
Your best options include consulting with a bankruptcy attorney immediately, gathering all documentation related to your divorce agreement and the loan, and potentially negotiating with the lender for a settlement. You might also consider filing a motion in your divorce case if your ex-wife violated the court order by not refinancing as agreed. Legal advice tailored to your specific situation and state laws is crucial, as bankruptcy and divorce laws vary significantly between jurisdictions.
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