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My ex filed Chapter 7 and included my car - how does it affect me?

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    My ex filed Chapter 7 and included my car - how does it affect me?

    A little background on my situation, in timeline form:

    Oct 2013 - My ex and I buy and finance a car together and it is titled in his name or my name (either one of us can make changes to the title). This is my primary car.

    Dec 2013 - The ex moves out. I keep the car and continue to make payments on the joint loan.

    1/27/2015 - The ex files for Chapter 7. He includes my car in the BK as an exemption, states he doesn't have the car in his possession, but intends to surrender it. The value of the car and loan amount is listed as unknown or undetermined in his filing. He gives my address as the location of the vehicle, but doesn't supply them with my contact information.

    2/5/2015 - I get notice that the ex has filed for BK.

    2/6/2015 - I pay off the car loan.

    2/20/2015 - I receive the title to the car and re-title it to my name only.

    2/24/2015 - The ex has his meeting with creditors.

    4/27/2015 - His anticipated discharge date.

    Other details:

    - All payments were made on time and the loan was in good standing at time of BK.
    - At the filing, the car was worth ~$20k and the balance of the loan was ~$10k.

    Burning questions:

    - Can the trustee still take my car, even though I paid it off and retitled it?
    - Will this negatively affect my credit because it could show up as a bankrupt account, even though it's paid in full?

    Thanks in advance!

    #2
    Originally posted by Jojo707 View Post
    1/27/2015 - The ex files for Chapter 7. He includes my car in the BK as an exemption, states he doesn't have the car in his possession, but intends to surrender it. The value of the car and loan amount is listed as unknown or undetermined in his filing. He gives my address as the location of the vehicle, but doesn't supply them with my contact information.
    Do you mean that he exempted his interest in the equity of the car?

    Originally posted by Jojo707 View Post
    Burning questions:

    - Can the trustee still take my car, even though I paid it off and retitled it?
    What is important is the facts on the day he files his bankruptcy petition. If he exempted his interest in the equity of the car, the trustee can't take the car. Even if the trustee could take the car, you would likely be able to buy your ex's interest. If you have made all the payments, you may even have equitable ownership of 100% of the car.

    Originally posted by Jojo707 View Post
    - Will this negatively affect my credit because it could show up as a bankrupt account, even though it's paid in full?
    His bankruptcy should not show up on your credit report. If it does, dispute it! This would be the case even if you continued to make regular payments until the loan was paid off. Your obligation was not discharged so there should be no mention of the discharge on your credit report. The obligations of the loan were satisfied, so it should only be a positive on your credit.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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