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Basic Auto Question...2 cars, 1 perosn BKs the other does not

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    Basic Auto Question...2 cars, 1 perosn BKs the other does not

    I had asked this last week in the exemptions forum but there's no action over there....

    Hi, we have 2 cars. I'm on the title for both. I will be going chapter 7, my wife may not. We might be able to keep her out of this. I drive one car, she drives the other, without her listed on the BK, will she be able to keep her car even though I'm on the title and she is not? Both cars have liens and are well under the 15K equity exemption cap here in Nevada. This is a community property state if that matters.
    Thanks,
    Dave

    #2
    No one have advise on this one?

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      #3
      If you file and she does not, then you only have to count half of the equity in the car as yours as she is entitled to half of the equity. If she is on the loan of both cars, it isn't a question of whether she "gets" to keep the cars....more like she "has" to. If she is on the loan, she is equally responsible and will have to assume the debt alone if you surrender your interest.

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        #4
        She is not on either loan. The equity on both is within the amount allowed here in Nevada. So both cars are in my name and so are the loans. I was concerned that if only I BK and both cars are under my name that one of them would have to be surrendered since they both have a small amount (2K each) of equity.

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          #5
          Do Nv. exemptions allow you to keep 2 cars?

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