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    Need some input

    Im new here, so far this seems like a great place for information. I am considering BK but am playing the waiting game until i get a couple questions answered. Maybe you guys can help with this one.

    I just got divorced last month and my ex is on the loan to my truck. I currently have 2 other car notes both of which she is NOT on. I am for sure letting the 2 go but would REALLY like to let all 3 go. Is there any way at all to let the truck go (with the ex's name on the loan)?? I was told by a lawyer that if i let them take the truck she will deff sue me for the amount that would be in default b/c in the divorce it states that im keeping the truck.

    Any help with this would be much appreciated!

    #2
    Anyone been in this situation?

    Comment


      #3
      That is tricky. If the ex's name is on the loan, would it not be her truck?

      Now, if she can sue you and all that, it would probably be cheaper just to keep the truck and reaffirm it. Is it part of any divorce decree that you have to pay for her truck?
      My comments are solely based on my opinion. The information and links that I have
      posted are provided solely for informational purposes, and do not constitute legal advice

      Comment


        #4
        Originally posted by alreadybroke View Post
        I just got divorced last month and my ex is on the loan to my truck.
        As in co-signer, co-owner, or sole owner.
        No Asset 7 closed 11/09

        Comment


          #5
          With BK as far as the bank is concerned they can't do anything to you about the truck but take it back. However if they ex signed off as a co-signer on the loan they will go after her for any balance owed.

          She could then come after you(depending on the divorce decree) for whatever the bank got from her.
          3/2/09- Filed: chapter 7 / No asset
          4/1/09- 341 Hearing: 1 creditor showed up Got to love family feuds
          4/2/09- Trustee Report of No Distribution Filed
          6/24/09- Discharged and case closed

          Comment


            #6
            Originally posted by shabam View Post
            That is tricky. If the ex's name is on the loan, would it not be her truck?

            Now, if she can sue you and all that, it would probably be cheaper just to keep the truck and reaffirm it. Is it part of any divorce decree that you have to pay for her truck?
            No its not her truck, i paid for everything I am the primary on the loan, we just put her on there to help her credit. So now that ive paid for all of her crap and im broke, im still stuck with this truck apparently.

            And as far as the divorce decree, we just went through and made a list of stuff we each were going to keep and be responsible for. So if i default on this loan she will most likely end up suing me for the amount.

            Is there any way around this at all? I was thinking about trading in the truck, then a month later filing and letting them take the new vehicle. Bad idea? I would REALLY just like to figure out a way to release her from the loan or something like that....

            Comment


              #7
              Originally posted by alreadybroke View Post
              No its not her truck, i paid for everything I am the primary on the loan, we just put her on there to help her credit. So now that ive paid for all of her crap and im broke, im still stuck with this truck apparently.

              And as far as the divorce decree, we just went through and made a list of stuff we each were going to keep and be responsible for. So if i default on this loan she will most likely end up suing me for the amount.

              Is there any way around this at all? I was thinking about trading in the truck, then a month later filing and letting them take the new vehicle. Bad idea? I would REALLY just like to figure out a way to release her from the loan or something like that....
              This would work.

              Can you refinance the truck through a CU? That would eliminate the need to trade in and buy new.
              Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

              Comment


                #8
                Originally posted by OhioFiler View Post
                This would work.

                Can you refinance the truck through a CU? That would eliminate the need to trade in and buy new.
                That probably would work. How much is left owing on the truck?
                4/09 Converted to a Ch 7 due to loss in dh's income
                5/09 UST now involved no idea what happens next
                7/09 UST has decided to withdraw his motion to dismiss!
                7/27/09 DISCHARGED!!!

                Comment


                  #9
                  If she is on the title, you will also need to get a release from her to trade or refinance.
                  Filed Ch7 5/28/09 (Pro Se) Orlando, 341 7/01, UST selected case for audit 7/01, Last day for objection 8/31. Audit report filed 9/10, no material misstatements. Discharged and closed 9/22/2009

                  Comment


                    #10
                    Originally posted by aces67 View Post
                    That probably would work. How much is left owing on the truck?
                    Well it wouldnt make sense to re-finance in my situation b/c i currently have 0% and that would just make my payment higher

                    I still owe 30k on the truck too

                    Comment


                      #11
                      I was thinking about trading in the truck, then a month later filing and letting them take the new vehicle. Bad idea?







                      So is this the best plan? Is there a certain amount of months i would have to wait before filing after getting the new vehicle?

                      thanks

                      Comment


                        #12
                        Ask your lawyer. My cousin filed BK and her lawyer advised her to buy a new vehicle and then file. She bought a brand new Pathfinder and then filed 45 days later.
                        4/09 Converted to a Ch 7 due to loss in dh's income
                        5/09 UST now involved no idea what happens next
                        7/09 UST has decided to withdraw his motion to dismiss!
                        7/27/09 DISCHARGED!!!

                        Comment

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