OK, so who the heck owns my Jeep now?

[mcdulph]

I'll try to make a long story short. Hubby is listed as coowner of my 2004 Jeep. However, I actually make all the payments, and payments are current. We do have quite a bit of NONEXEMPT equity in the vehicle.

Hubby just filed Chapter 13 on his own. His attorney doesn't "do" reaffirmations, so he had hubby "surrender" his interest in my Jeep on his bankruptcy forms. But "surrender" it to whom...I don't really know.

So here's my question. Who owns the Jeep now? Can the bank repossess it, even though the payments are current? Can the Chapter 13 trustee sell it out from under me? Would I ever be able to get a clear title on this thing so that I could sell it myself & give the trustee whatever she's "entitled" to?

This is soooo confusing...any help will be appreciated!

(I'm probably stressing over this to take my mind off the fact that hubby was also just diagnosed with cancer. My God, it never rains but it pours!!!!)

[HHM]

Yep, you are overthinking this...car ownership is easy...

Nearly in all states, who ever is listed on the title, owns the car, plain and simple, bankruptcy, reaffirmations, etc, do not affect ownership.

Note, you don't do reaffirmation in a chapter 13 anyway...and that "surrendering" paperwork is merely a statement of "intent".

So long as payments are current the lender CANNOT repo the car.

[mcdulph]

OK, thanks--that helps. I can't imagine USAA would really want to repo the vehicle even if they could. I've been an excellent customer for 27 years; it would be pretty stupid to throw that away for like $1,700 of nonexempt equity.

I was more worried about the Chapter 13 trustee, b/c she seems to be a real pip!

[HHM]

Trustees do not take assets in a chapter 13, all they care about is the monthly payment.