Please help me with advice!!

[Step12]

My wife ex-husband is filing for bankruptcy and foreclosed on his home.
I myself filed for BK this year and my hearing is in a week.. wish me luck but this is not about me. In their divorce she took on the truck that he got upside down in and we make the payment on it. The car note and title is still in his name. In their decree she took on financial responsibility of the truck. He informed us that his fiance will not let him include the truck in his BK and only because they want to mess with my wife. Sick I know.
When he declares what are our options if he leaves the truck out?
Can anything be done? He has not yet sat down with a lawyer yet and I'm not sure what they will advise. We don't need this truck and have no use for it. It cost us 688.00/ month plus insurance and gas.

[sunshinepa]

Well, I would just have your wife inform them that the law says all debt must be listed in BK. Then I would probably tell them that if they don't put it on the petition, it could be considered fraud and your wife will bring it to the attention of the BK trustee.

I know, rotten, but hey, the fiance is getting into business that she should not.

[Step12]

Yes I know !!
I know when I filed i had to include everything but i think what he is doing is tell them he wants to keep the truck and make payments on it, which are made by us.
BS stuff really and not sure why.

[sunshinepa]

If your wife has proof she pays he payment, I would still alert the trustee. There is an old saying.......possession is 9/10's of the law........LOL. He can't keep something he doesn't have in his possession.

[AngelinaCat]

Your wife may want to look at filing an Adversary Proceeding (AP) against her ex's BK regarding this truck. Although I am not sure that is the proper procedure. And they are very expensive.

Have you and your wife discussed this truck situation with your attorney--if you have one? If you haven't, I think you need to. If you have filed on your own, without a lawyer, scheduled a free consultation with several BK attorneys in your area, and ask about this.

Another thought came to mind: if your wife is still making payments on the truck, and your funds are co-mingled as they would be in a joint checking account, you could be in trouble for a 'preferential payment'.