Husband out of state won't return property

[EEES]

I have a friend who we will call Amy. Amy moved back to Ohio from Arizona. While in Arizona for 2 years, Amy met Bob and married him. Then Amy moved home to Ohio and left Bob 6 months ago, both in financial ruin. Amy wanted to file bankruptcy. Bob refused to file bankruptcy until Amy moved back to Arizona. Amy refused to go back and, subsequently, filed for bankruptcy individually. Nobody can find where Bob is. Bob doesn't have an address.

Today, Amy received a call from a creditor of a 2001 Jeep Chrerokee (which Bob is living out of, without plates or license). The Jeep was purchased in the name of Bob and Amy. Bob has the Jeep but cannot be located. The creditor threatened Amy. Creditor stated that Amy would be arrested ( or have a warrant out for her arrest) if she did not provide the address of the Jeep or help to satisfy the debt. Amy does not know where the Jeep can be located.

Option A: The jeep is located. Will Bob be responsible for paying the remaining balance on the jeep after it goes to auction, or will Amy and Bob both be responsible for repayment? Remember, Amy filed separately with (I believe Chapter 7 before the October deadline), but both names are on the Jeep.

Option B: The jeep and Bob are not located. Will Amy be responsible for repaying the $18,000 debt on the vehicle? Will Amy be sent to court/jail?

I grew up with Amy (young sweethearts). If I marry Amy in a year or two, what does that do to my two business, my perfect credit and my future ability to borrow money?

Any help would be GREATLY appreciated. I am at a very important fork in the road. The path I take is important. Amy is a very special girl, but she got herself into a bad situation.

[no_it_all]

Regarding the threats and arrest (or warrant for arrest). That is all repo 101, yes it is illegal but they do it all the time. If you think about it, (which because of stress, most people don't), can you have anyone arrested that owes YOU money?? No, you can't and either can a repo/collections agency. The key is that these are civil matters, not crimminal. Will Amy be sent to court/jail?? Maybe court (as a defendant in a civil matter) but certainly not jail. Did Amy have the Jeep debt discharged in bk???

[SinkingFast]

That would be the first call to make. Amy's attny. Check to see if her liability to the loan on the Jeep was discharged in her BK.

Last I recalled of American History, they did away with Debtor's prisons years ago. Like CENTURIES!!

Like No said. They can threaten it all day. The only thing they can do is get a Judgement against her as claim on future property she may own. If she works, they may be able to get a garnishment on her wages.

If you keep your financial affairs seperate, her past BK should not impact your Credit. When you buy a house, don't do it jointly. Same with cars. No joint checking. No Amy as an Authorized User on your CC's. etc. You can be married and maintain seperate identities credit wise. You just have to be very careful not to become intertwined financially speaking.

[EEES]

Amy was self-represented

[EEES]

Thank you for the wonderful advice. I really appreciate. It's so easy to provide guidance until you become emotionally involved in something. Then you find yourself making emotional decisions that have no logic. I will ask her if she listed the Jeep on her BK list. This is a prime example of when an attorney is necessary/was necessary.

[aa06a47]

I would file a police report on a stolen vehical if I were your friend. (Ask a lawyer, but that might put a wrench in there monkey, and we might find the person quicker). She might also have an investigator locate him.

[no_it_all]

Again, this is a civil matter, and since the local sheriff is not on the payroll of the bank, he can NOT be used hunt down a skip.

It would also be quite difficult for Amy to claim the vehicle is stolen since the person that has it in their possession actually owns it! (even if there is a secured lien on it)...

[EEES]

I asked Amy, and she did have the jeep discharged in the BK. Whew! Hopefully she won't be responsible.

[Minnymouth]

okay,
If Amy filed Chapter 7 and the jeep was discharged in bankruptcy (did she surrender it??)...

If she surrendered her portion of the debt then she is no longer liable for any debts regarding the jeep.

If she reaffirmed and signed, then yes she's still responsible for at least 1/2 of the debt UNLESS she reaffirmed on all of it................

Since she filed pro se - check her petition and see how she handled this auto......

If it is discharged in the BK, then send the auto company a copy of the discharge and let them know who has the vehicle, she doesn't know where they are, and they are to seek their balance due from him..........

Be sure you send this paperwork certified mail....

Hopefully, for her sake, I hope she did not reaffirm or refinance this jeep.......

Otherwise, she is still in debt................

And yes you can keep your financial affairs separate after marriage... that way your credit is not affected and her's can start to improve.....

Minny

Keep us posted.

[Jenny]

If you and Amy don't know where the Jeep is, how do you know Bob is living in it?

In any case, if Amy discharged her obligation on the loan in her bankruptcy, she can't be sued or arrested for not paying for it or returning it.

[SinkingFast]

If you and Amy don't know where the Jeep is, how do you know Bob is living in it?

In any case, if Amy discharged her obligation on the loan in her bankruptcy, she can't be sued or arrested for not paying for it or returning it.

Amy can't be arrested anyway. She didn't steal the Jeep. She's in default on the loan.

Didn't the USA do away with Debtor's Prisons a while back??!!

[aa06a47]

Amy can't be arrested anyway. She didn't steal the Jeep. She's in default on the loan.

Didn't the USA do away with Debtor's Prisons a while back??!!

Well, kinda, they renamed it Chapter 13

[SinkingFast]

Well, kinda, they renamed it Chapter 13

ROFL!!

Look toward the light, Aa. I know it's a dim tiny dot right now, but it is there. Way down there. At the end of the tunnel. Squint and you can see it. As you feel your way along toward the light, it will get bigger and brighter, until one day you'll be standing in it, with the sun shining on your face again!!

[13inOR]

Well, kinda, they renamed it Chapter 13

Ha ha, aa, thats a good one!!!!! Well, you DID say you were eating bread and water, so maybe theres more of a connection than we thought!

Seriously though, there is light at the end of the tunnel, and at least you have your affairs straightened out for the meantime, and can work toward
being debt free, and having a new start.

Believe me, I know it stinks, but you will get through it!
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