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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 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.


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 with SHA-256 Encryption