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I did a bankruptcy in 2007 april, separated from my husband

who is now living in...
I did a bankruptcy in 2007 april, separated from my husband who is now living in my house with his girlfriend and lost my job. In 2008, Wellsfargo let me trade in a Passat I was paying for in my husnds name for a 05 nissan truck which is in my name only. I can not afford the $512 payments. I recently moved to my sisters in mass because I could not get a job and got a job I will be starting soon. The truck is in florida sitting at a friend's house. Should I surrender it? I need to get my life back on track.
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Answered in 2 hours by:
11/1/2008
Roger
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31,875
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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If you have no intention of keeping the truck, you should voluntarily surrender it. This will save you thousands in court costs and attorneys fees that you would incur if a repossesson and replevin action were filed by the lender.

 

No creditor can touch your retirement pension. It is safe from all creditors, assuming it is an ERISA-qualified program. I don't know of any that are not. So, your pension should be protected.

 

Your husband is not responsible for your individual debts. He is responsible for any debts you owe jointly.

Roger
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31,875
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Customer reply replied 9 years ago
Will I have to go to court when I surrender the truck or will they just tell me if they don't recover the total amt of what I owe when they reprocess the truck? I also want to know what I can do ab out my husband keeping a house we both paid into and believing he can leave it to his girlfriend when we divorce and he remarries. Shouldn't he be required to buy me out or sell it to split the profits?
Customer reply replied 9 years ago
Did you get my reply for further info concerning my situation? Sheila

No, you won't have to go to court when you surrender the truck. They'll just go pick it up and sell it.

 

Whoever wants the house will have to buy the other out and assume the mortgage on the property. If neither wants the house, it can be sold and profits split. Also, if you want to sell the house, and he doesn't, you can file a partition action to force the sale.

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Roger
Roger
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Category: Bankruptcy Law
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