Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
1- Is there any way for me to get my name off of the car, since he is refusing to pay? And I do not want to pay for a car that I am not driving.
You could sign the title over to him and take it to the DMV (or local tax office in Florida).2- If I can't get my name off of the car, is there any way I can have his name off of the car so I can sell it? Is there anything that can be done?
You would normally need to obtain possession of the car before an intelligent buyer would want to buy it from you.3- If I claim bankruptcy, will I be able to claim this in my bankruptcy?
Of course he doesn't want anything to change; he is in the perfect situation. You must insist.
He presently has sole possession of the car. But you are on the title. If he wants the car, insist he refiance it so that you no longer are liable for the payments. Until he does that, I don't understand why you want your name off the title.
If he won't refinance, take the car and sell it.
You could just stop making the payments, but if he doesn't pay they may come after you or it could harm your credit.
You could possibly have the title transfered to him, but that would not affect your responsibility to see that the payments are made.
You could arrange with a repo. company to sieze the car and then you could have it sold in Virginia. Do you owe more than the car is worth?