Legal Question in Bankruptcy in Georgia

me an my mother bought atruck in 07. they did not put my name on the truck title. the registration ius not in my name . she filed bankruptcy am i responsible to pay off the truck?

Asked on 5/09/11, 8:42 pm

3 Answers from Attorneys

Glen Ashman Ashman Law Office

If your name is not on the truck, you never owned the truck. (Who is "they?")

If your name is on the loan, then you will likely be targeted because of her bankruptcy. If so, expect a lawsuit and then a garnishment, unless you protect yourself.

More facts are needed to answer you, and you need to see a lawyer ASAP.

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Answered on 5/09/11, 9:06 pm

Richard Jones Jr Richard M. Jones, Jr.

If your mother filed Ch 7 and is surrendering the auto yes you are liable as co-debtor. Even if she is able to keep the vehicle in her Ch 7 and continue to pay on it you will always be liable until the debt is paid. If your mother filed for Ch 13 and she is keeping and paying for the vehicle in her Ch 13 plan you should be okay as long as she completes the plan. If she is surrending the vehicle in her Ch 13, the auto creditor can possibly pursue you for the portion of the debt not paid in her Ch 13 plan.

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Answered on 5/10/11, 6:27 am
Antoinette Wooten The Wooten Legal Consulting, PC

If your mother is filing a Chapter 7 bankruptcy and you co-signed for the loan then you will also have an obligation on the loan.

If your name is not on the title for the truck and just the loan used to purchase the truck then your obligation will extend to the loan for the truck. I am guessing that you obtained a loan or financing for the purchase of the truck.

You stated "they" did not put your name on the truck, but did not state who "they" are.

Do you mean the auto company or the loan company?

How much is owed on this truck? What is this truck worth? After all it is four years old.

Antoinette M. Wooten, Esq.

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Answered on 5/12/11, 5:32 pm

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