Legal Question in Bankruptcy in Wisconsin

I own a car w/ my ex boyfriend and he is filing bankruptcy (including the car) does this mean this car is solely in only my name now or does this car get taken off my credit once he files bankruptcy??


Asked on 5/04/10, 11:56 am

1 Answer from Attorneys

JAY Nixon nixon law offices

Depending upon the exact language in the contract which you signed, the lender might be able to go after you only following the other borrowers bankruptcy. There may not even be any requirement in the note that the lender ever pursue the other borrower, which arrangement is known as joint and several liability. You would, however, probably have had the right to sue your boyfriend for contribution toward payment of this debt if he had not filed bankruptcy but that option may now be gone. You too should therefore probably consult with an experienced bankruptcy lawyer as soon as possible as this may be the cheapest resolution for you, particularly if you also have other debts which you could resolve that way and are prepared to surrender the car. Bankruptcies generally do not effect the title of vehicles; however is on the title before bankruptcy will usually remain on it after the bankruptcy. If payments continue to be made on time (particularly if your boyfriend reaffirms the debt), it may still be possible for you to continue to use the car in the future. My comments in this online forum are offered for public educational purposes only and are not legal advice, nor do they create any attorney/client relationship between us. Even if I were advising you, the background information which you provided did not include sufficient detail to allow any sort of reliable advice upon which you should rely. Finally, I may be able to represent you if you contact my Racine office and make arrangements formally retain me. I represent clients throughout the state of WI.

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Answered on 5/12/10, 4:38 am


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