After filing chapter 7, can creditors come after my truck which is paid for if my name and my Dads name is on the title ?
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....?Originally posted by rambow View PostLast edited by MSbklawyer; 02-12-2010, 11:55 AM.Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer. -
....Originally posted by rambow View PostPay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.Comment
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This also depends on State underlying non-bankruptcy law. For example, in Florida you can title vehicles with an "or" or an "and" between the names. The "or" is basically a joint tenancy, and is not protected from creditors regardless of the debt's ownership. If the title connects the owners with "and", then it is owned by both and you could claim a tenancy by the entireties.
Your State may differ and require the title to include an actual ", as tenancy by the entireties" or similar language in the title.
As msbklawyer wrote, the exposure to creditors will be based on your State's non-bankruptcy law. If you were in Florida and the title had an "or", then you would not receive 50% since you each own the vehicle 100%, and the Statute specifically states that no protection is afforded.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
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