Good morning everyone! I’m new here & seeking out advice/suggestions on filing
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Make sure that your divorce and bankruptcy attorneys so that things are done in the right order. If the ex-spouse discharges the debt on the vehicle but is required to pay for the vehicle under a marital separate agreement on property, then it can get tricky. (Tricky in that you'd likely need to go into the family court to enforce the MSA even though the other spouse discharged the debt in bankruptcy.)
The reason I say to work together is that you two need to agree on the vehicles in some manner. As part of your MSA you could force one to "surrender" title (I had to do that) to the other. There are other things that can be done but you 100% need the two (or three) attorneys coordinating.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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I can't provide advice on that. You are in the middle of a divorce with the cars titled in both names. You need your marital separation agreement to deal with the other car. The problem is that you both own both vehicles. There's no easy answer that I could just give you.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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There is no clear path in front of you and lots of pitfalls regardless of which path you take regarding the car; I would rely on the advice of your divorce and/or bankruptcy attorney (hopefully the divorce attorney can also handle the bankruptcy for you if you chose that option).Latent car nut.
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