What to do regarding bankruptcy and the relinquishment of a vehicle?

UPDATED: Apr 24, 2012

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What to do regarding bankruptcy and the relinquishment of a vehicle?

I have a motorcyle loan soley in my name which I did for my ex-husband. He and I are both on the registration. He has defaulted on payments and is 6+ months past due. I am filling Chapter 7. He refuses to relinquish the vehicle. I told the loan company to repo it and they can’t locate him either. Who’s responsablity is it to locate the vehicle and at what point can I be released of any liability of the vehicle?

Asked on April 24, 2012 under Bankruptcy Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Technically you and your former husband are responsible for payments on the loan with respect to the motor vehicle that you are writing about assuming it was purchased during your marriage. If it was, then the debt is a maritial debt.

If you file for Chapter 7 bankruptcy protection and obtain a discharge of all your debts where you include the vehicle loan that you are writing about, then you would not be responsible for the loan assuming you get a bankruptcy discharge.

As far as locating the vehicle that you have written about, your obligation is simply to advise the lender who has possession of it and let the lender know the most likely address where it is being kept at.

Your release of liabilty regarding the vehicle that you have written about is when you get your Chapter 7 bankruptcy discharge.

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