If a friend files bankruptcy and your truck is intheir name, can the trustee take it even if you have proof that you made the payments?

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If a friend files bankruptcy and your truck is intheir name, can the trustee take it even if you have proof that you made the payments?

Asked on May 10, 2011 under Bankruptcy Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You have a BIG problem here and I would STRONGLY suggest that you seek help from an attorney as soon as you can. I am assuming that the loan is in the name of the debtor, correct? As well as the title?  And the debtor has listed the loan on the bankruptcy petition, correct?   You could be seen as just a really good friend helping make the payments here.  What you need to do is to some way list yourself as a creditor to the friend in that you have been paying a loan in their name.  How this is going to be done I really do not know without reading the documents involved and knowing the law in your state.  Please get help.  Soon.  Good luck.


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