Father filed...causing problems for me...HELP!

[kristierenee]

I actually just called my Dad since it's become a chore dealing with his lawyer.

He informed me that he told her I don't live with him and gave her my address. At that point, it was HER error that had the address listed as his.

I am able to register the car in the state of TN and it is registered in our names jointly. Where would I begin on getting a copy of the title? I have no idea who the title agency even is, honestly. Do I go through the state or is that something the lien holder would have?

His attorney isn't even a bankruptcy attorney and has admitted her lack of knowledge a few times...then when I call her out on something, she gets defensive and snappy with me. I told him this morning that I'm not going to have her talking to me like I'm some 18 year old little girl when I'm 31 and know enough to know when I'm being screwed.

To HIS credit, for once in my life, he is completely willing to transfer ownership...and that's what I presented to his lawyer that I wanted. She, however, is a little dense and only wants to make more work for herself...and screw me.

He said he's going to talk to her at the 341 meeting tomorrow. I'll update you guys...if it gets ugly, looks like it's time to put an attorney on retainer.

[OhioFiler]

I actually just called my Dad since it's become a chore dealing with his lawyer.

He informed me that he told her I don't live with him and gave her my address. At that point, it was HER error that had the address listed as his.

I am able to register the car in the state of TN and it is registered in our names jointly. Where would I begin on getting a copy of the title? I have no idea who the title agency even is, honestly. Do I go through the state or is that something the lien holder would have?

His attorney isn't even a bankruptcy attorney and has admitted her lack of knowledge a few times...then when I call her out on something, she gets defensive and snappy with me. I told him this morning that I'm not going to have her talking to me like I'm some 18 year old little girl when I'm 31 and know enough to know when I'm being screwed.

To HIS credit, for once in my life, he is completely willing to transfer ownership...and that's what I presented to his lawyer that I wanted. She, however, is a little dense and only wants to make more work for herself...and screw me.

He said he's going to talk to her at the 341 meeting tomorrow. I'll update you guys...if it gets ugly, looks like it's time to put an attorney on retainer.

It sounds like both of you are owners. Given that scenario, until you need to sell the car you won't need to do anything as the debt remains your responsibility. If he is willing to transfer title of the vehicle to you after the bankruptcy all will be fine and dandy for you.

You should call him back and tell him 1) next time hire a better attorney and 2) suggest he join bkforum!

[Dst1]

No, that's error. The key document in this transaction becomes the bill of sale. Since this is financed I assume you bought the car from a dealer. Who did the dealer sell the car to? The dealer is required to prepare a bill of sale (as far as I know this applies to all states). The bill of sale documents who the car was sold to. It could have been sold to you, to him, or to both of you.

The reason you don't have the title is because the car has not been paid off yet. Most of the time the lender holds the title until the loan is paid off. Sometimes they hold the title in their name and sometimes they hold it it the name of the person who the car was sold too. This varies by state law.

Financing just gives a company an ownership interest in the car. There is a real difference between a primary borrower, a co-signer, and a joint loan. A joint loan is noramlly only given when both parties own the car. The primary borrower/co-signer relationship is done when only one person owns the car. Whether he is the "primary borrower" or the "cosigner" makes a world of difference because it tells the finance company who owns the car.

[BKDefender]

A co-signer or co-borrower is not a creditor in bankruptcy (creditor=an entity that has a claim for money or liability owed by the debtor.) You are a co-debtor not a creditor. But supplying false information to the bankruptcy court knowingly is a violation of bankruptcy law and if it is bad enough it can be grounds for dismissal of the case.

You might consider telling his BK attorney that if they don't correct the information and if they don't work with you to make sure the bankruptcy court knows that your father is just a cosigner but that it is your car and you have made every single payment on it, that you will inform the U.S. Trustee's office in the Department of Justice about what your father is doing. The info is at http://www.justice.gov/ust/eo/fraud/index.htm
You can also contact the assigned chapter 7 trustee to tell him what your father is doing. The idea is to get his case dismissed, then you pay off the car and get the title, then he re-file his bankruptcy case without the car as an asset.

--William