What to do if a married couplee owns 2 vehicles and the husband decides to file for bankruptcy but the wife does not?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

What to do if a married couplee owns 2 vehicles and the husband decides to file for bankruptcy but the wife does not?

They decide to separate. The husband agrees to sell one of the cars to the wife. Would the court attempt to negate the sale of the vehicle to the wife? Or, if the wife paid the husband for the car and took title of the car, could the court seize the vehicle? If so, would there be any legal recourse whereby the wife could regain possession of the car?

Asked on May 21, 2013 under Bankruptcy Law, Louisiana

Answers:

Monique Okoye / Vulcan Legal Group

Answered 9 years ago | Contributor

I need a little more information about your case, so I'm going to have to make a few assumptions. Assuming your husband is in a chapter 13 bankruptcy and he didn't 'cram down' the payments on the car (i.e. the car payments were lowered by the bankruptcy) and/or you don't owe anything else on the car. In that case, you can transfer title of the vehicle. If the car is community property I don't see any reason that you can't 'buy' it from him as part of your divorce settlement. You will still need to inform the Trustee of the transfer because technically the car is a part of the bankruptcy estate. 

Good Luck!


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption