I am filing without my spouse. Both our cars are in his name and have been for years. Should I still list one car as personal property even though I don't own it? They are both free and clear of loans and not worth much. One about $2000.00 the other $9000.00. When I consulted a lawyer a few months back he said I should list one car because the trustee may ask me how I got to the 341 meeting and I would have to explain.. but now I'm not sure what to do. I'm not listing my house because it's in my spouses name, I'm afraid the trustee may say "you listed a car you don't own, why wouldn't you list the house you live in?" any help would be appreciated!
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I'd check a diffrent attorney, but if you don't live in a community property state, I believe the answer is no. How did you get to the 341? Borrowed husband's car, nothing wrong with telling the truth right?Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC -
It is my understanding that one should not list assets that are not in one's own name. If assets are owned and legally titled jointly, or for a community property state, I believe you would use the appropriate percentage of ownership and expenses for valuation.
If the Trustee asks you how you got there, tell the simple plain truth. You drove your husband's car. If such a question is asked and answered, it may lead to further questions about titling, ownership and insurance, but again, you answer as simply and honestly as possible.Comment
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Thank you all for your help!Comment
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