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?

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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

Answers:

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.


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