If my divorce held my husband responsible for a car that is financed under my name but I’m considering bankruptcy, do I need to include that debt in my filing?

He is making payments and by court the car belongs to him even when is under my name.

Asked on November 11, 2014 under Bankruptcy Law, Florida


Greg Wiley / Law Office of Greg Wiley PLLC

Answered 6 years ago | Contributor

Yes, you need to include the debt on your schedules.  The divorce decree does not remove your liability to the car finane people.  The bankruptcy should remove your liability on the vehicle.

You swear to your schedules under penalty of perjury.  One of those questions is did you list all of your debts.

Talk to your attorney about it, your attorney will explain it.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.