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Ask Terry L. Your Own Question

Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2539
Experience:  Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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I filed a motion for a chapter 13 bankruptcy in august of 2007.

Customer Question

<p>I filed a motion for a chapter 13 bankruptcy in august of 2007. In the motion my attorney stated that i surrender my house and car. My case was not finalized until the trustee hearing in October of 2007. At what point did I not have any legal right to the car. My wife took the car in August, which was in both our names as was the bank lien, we were in a divorce at the time, and she sold the car immediately, not informing me or asking for my signature. She lied about the ownership of the car being in a business name to the dealership, which it had been in 2004, but is was declared a sole propriatoriship and she had to write the IRS, LOcal city, and DMV explaining the car was not in the business but that we were co owners. My attornery is saying that car did not become hers until the bankruptcy hearing by the trustee and his approval of our plan chapter 13. Please advise, this is very important to me. I have lost everything because of this divorce.</p><p> </p><p>I already paid and signed up for the $30.00 3 questions a month via paypal. Awaiting answer.</p>
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 3 years ago.

Terry L. :

Hi and thank you for your question. In the future, you can request me to answer any further questions.

Terry L. :

Regardless of how the vehicle was titled, once you surrender your interest in the car, the debt will be discharged once you complete your case.

Terry L. :

The cosigner is always responsible for the balance as well, so if she sold the car, paying off the loan, there should be no issues.

Terry L. :

Now, as to if you needed to sign off on the title transfer, possibly.

Terry L. :

Check with your department of motor vehicles to confirm.

Terry L. :

If your divorce decree said she gets the car, that may be sufficient.

Terry L. :

let me know if you have any questions. thanks.

Customer:

I don't think you are reading the questions correctly. The car was taken from me and sold before I had ever gone to trial or had the bankruptcy hearing by the trustee or had the bankruptcy accepted.

Customer:

She took the car and sold it before the bankruptcy was enforced or in place. She gave fake information to the dealership to trade in the car, to advoid my signature on the bill of sale.

Customer:

The dealership states she completed an illegal transaction. So does my bankruptcy attorney.

Customer:

This was 2 years before the divorce decree. And she sold it under a fake company name, so she didn't have to get my signature. All title work list she and I as co-owners.

Customer:

Please review the questions in full detail and provide additional information.

Terry L. :

so, she took a jointly owned car and sold it without your permission, fraudulently. Your bankruptcy case was surrendering your interest in the car. The bankruptcy clears you of the debt, and the lender can go after your cosigner as a result. So, you would still have been on title to the car, and her sale of it is fraudulent. So, you could sue her for that, but since you filed bankruptcy, you aren't really out anything since you were walking away from the debt.

Terry L. :

So it doesn't seem like you are really asking a bankruptcy question. She stole the car essentially, and you could file charges against her. The bankruptcy doesn't change that issue. You can either pay the debt thru the bankruptcy case, or surrender your interest to the cosigner/lender, letting the cosigner deal with it.

Terry L. :

If you have a different question, please ask it, as this is what it appears you are asking. If you want more detail, please ask a more specific question.

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