Should I report a vehicle stolen that my ex-husband has that should have been given up in bankruptcy?

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Should I report a vehicle stolen that my ex-husband has that should have been given up in bankruptcy?

My dates are approximate. I purchased a vehicle for my now ex-husband in 2005. We separated and filed bankruptcy in 2007. The vehicle was to be given up. We divorced in 2008. The divorce judge granted that we would each keep our own personal property, since the vehicle was to be turned over I did not think it was mine. He has still not turned over the vehicle and since it is in my name the bank is possibly coming after me for the collection. I have gone out of my way to try to help them find it. What should I do?

Asked on March 10, 2011 under Bankruptcy Law, Tennessee

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the vehicle was listed in the bankruptcy and he somehow reaffirmed the debt without your knowledge, then the vehicle didn't have to remain in the bankruptcy. Unfortunately, since the vehicle was in your name you had the burden to ensure the vehicle was turned over to the trustee or accounted for in the bankruptcy. If your husband took the vehicle, never paid on it, then in a separate action (watch out because time is ticking) you would need to sue him for reimbursement or contribution. If he indicates as an affirmative defense that you gifted it to him and didn't expect to pay you for the use, then he may win. Try to talk to a lawyer about what your next step could be. If you have a bankruptcy attorney, the bankruptcy attorney could help you or perhaps the trustee can help you locate the motor vehicle. I am surprised the lender hasn't done anything to repossess.


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