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What happens to a vehicle when two people are on the contract and one files bankruptcy?
Question by Edward M: What happens to a vehicle when two people are on the contract and one files bankruptcy?
Me and my ex recently broken up we have a vehicle together now that I’m filing bankruptcy what will happen to the vehicle. Do they give her the option to take it, or is she now responsible for it?
Best answer:
Answer by Chip Righter
You both are responsible for the car loan. It is on both of your credit reports. You can declare bankruptcy and still keep and pay for the car. If you do not want the car ask your x if she wants to continue paying for the car and she will have exclusive use of it and own it when it is paid off. If she says she does not want it you simply turn it in and list it on your BK. The bank will auction the car for as much as possible, any difference in the payoff amount and the auction amount the bank will come after. If you have declared BK you are clear of the car however they will still go after your x for the difference. If the bank cannot collect the money themselves they will turn it over to a collection agency. So your answer is after you declare Bk for yourself yes your x is still on the hook for the car.
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2 Users Response In " What happens to a vehicle when two people are on the contract and one files bankruptcy? "
This is a good one to ask for legal help on, and there are websites out there for that. Free ones. The reason I advise that is because there are some apparently conflicting rules, one being that you are (or once were, at least in some places) allowed to keep a car and a house after declaring bankruptcy. Another one is that co-signers guarantee that if one doesn’t pay the other will, so she might take the full hit. As for the vehicle itself, I don’t think they can seize it and sell it to settle your bankruptcy debts if it’s co-owned. It depends on whose name is on the title. Co-signing for a loan doesn’t get you title; it just means you’ll pay if the other one doesn’t. Could she get stuck paying off the remainder of a loan for a car that was seized to pay off your debts because only your name was on the title? I have no idea.
It depends if you are filing for Chapter 7 or Chapter 13 Bankruptcy. With Chapter 13 you get to keep your assets, such as your car.
You could sign the car over to your ex though if you worried about the bank taking the car. Then your ex would be the full owner of the car and responsible for the payments. It really depends if you want to keep the car or not.