Legal Question in Bankruptcy in Alabama

bankrupcy

The question on the car and my ex husband. We divorced three years ago. He relieved all responsiblity to me and I will be able to get title in my name when i pay it off. I have had it three years and made the payments myself. I was told by a lawyer that the only thing that can over ride a divorce is bankrupcy. Is this true? This is not fair to me as I have paid for this car 3 yrs.


Asked on 7/08/08, 7:23 pm

1 Answer from Attorneys
Melinda Dionne Dionne & Dionne

Re: bankrupcy

There is a concept in bankruptcy called "bare legal title." This means that an item of property is titled in the debtor's name but someone else has actually made the payments and has "equitable" title to the asset. Your ex husband has bare legal title and will be able to get a discharge from his obligation to pay the creditor who holds a lien on the car. You SHOULD be able to work directly with the creditor to insure that you get to keep the vehicle. I doubt that a bankruptcy trustee would be interested in taking the car from you under the facts you have provided. The question really comes down to how the creditor will respond to his bankruptcy filing. Talk to the creditor directly and see what you can work out. Melinda Dionne

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Answered on 7/08/08, 8:27 pm


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