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Tryinig to file w/o husband, issue with car title wording...

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    Tryinig to file w/o husband, issue with car title wording...

    Due to serious health issues and my inability to work, I am looking into filing bankruptcy on my own (without my husband). I live in Florida. I met with an attorney last week. We have 2 paid for cars, one is worth $3000 or less, the other is a 2006 Honda CRV. I just paid the CRV off and don't have the car title. I called Honda to ask for the wording of the title as my attorney states it needs to say Mr. AND Mrs. John Doe, rather than Mr. OR Mrs. John Doe. I called Honda and they state that it should have read AND, however it reads "or". She suggested I contact my local DMV to see if they can change the wording. Has anyone done this? Or tried to? If this doesn't work, I will likely have to do debt settlement, which I am considering doing with the help of an experienced friend (rather than pay attorney fees). My mom is willing to give me some cash to just pay off the creditors, rather than live with the stress of the bills, which is compounding my health issues. I need help and I feel lost and overwhelmed right now. I am unable to eat or sleep and need help and info. Thank you! Grace

    #2
    Originally posted by grace2 View Post
    Due to serious health issues and my inability to work, I am looking into filing bankruptcy on my own (without my husband). I live in Florida. I met with an attorney last week. We have 2 paid for cars, one is worth $3000 or less, the other is a 2006 Honda CRV. I just paid the CRV off and don't have the car title. I called Honda to ask for the wording of the title as my attorney states it needs to say Mr. AND Mrs. John Doe, rather than Mr. OR Mrs. John Doe. I called Honda and they state that it should have read AND, however it reads "or". She suggested I contact my local DMV to see if they can change the wording. Has anyone done this? Or tried to? If this doesn't work, I will likely have to do debt settlement, which I am considering doing with the help of an experienced friend (rather than pay attorney fees). My mom is willing to give me some cash to just pay off the creditors, rather than live with the stress of the bills, which is compounding my health issues. I need help and I feel lost and overwhelmed right now. I am unable to eat or sleep and need help and info. Thank you! Grace
    Grace, you are probably fortunate if the car Title is in an "or" state. Reason is, you OR husband owns the car 100%. If only you file, have your husband go down to Motor Vehicle and he can for ten bucks change the Title into his name only. Don't you do it as it could be construed as hiding assets but if he does it, you had nothing to do with it. I hope it is the one paid for as FL only allows 1K in automobile exemptions. A very poor amount. If the other one is mortgaged, it will be abandoned in the bk. They won't take the car when it is not free and clear.

    Watch out taking money from Mom as this could be income and taken back as preferential payments unless all creditors are paid equally. Depending on the amount of debt, you may want a lawyer. You really don't want to owe Mom a big chunk of change either. Watch out for companies who "help" you get out of debt. None of them will help you except by taking your money. Your credit will still be dinged. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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      #3
      Hi Grace,

      Hope things start looking up for you. Agree w/ ACH, the OR is much better than the AND...

      If this doesn't work, I will likely have to do debt settlement, which I am considering doing with the help of an experienced friend (rather than pay attorney fees). .....this made me wonder...usually there is more than a car at stake in a BK....one option to explore is taking all your $ numbers to a Consumer Credit Counseling course and get some insight there. Find the Consumer Credit Counseling that is a HUD non-profit, tell them you want to sign up for the "pre-BK" class. You have to take this class before you can file BK anyhow, and it can be a great place to explore your options; BK, debt settlement, debt restructuring, etc.

      And you have found us here, so you are not so lost anymore, keep us posted on how things are going for you!

      Tom in Colo
      Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

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