Can I file bankruptcy on a car loan that is not in my name?

When my divorce was finally my ex had me take an auto loan that is in her name, and the court made me responsible for paying the loan. She now has the auto back but still making me pay half. My work has slowed down and I am unable to pay her. If I were to file bankruptcy can I include this or what is the best way to go about it.

Asked on July 15, 2012 under Bankruptcy Law, Indiana


Terence Fenelon / Law Offices of Terence Fenelon

Answered 8 years ago | Contributor

You pose a very complicated question which revolves around several bankruptcy statutes.  I would advise that you consult a local attorney.  If the debt is in the nature of support, you have to pay the debt.  If the debt is part of a property settlement agreement, you may be able to avoid the future payments.  A definitive answer depends upon the nature of the obligation .


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