Legal Question in Bankruptcy in California
my grandson recently got divorce in august how can he get rid of a auto loan in both their names' my question is can he file bankkrupcy in order to get rid of a loan with fort belvoir in virginia where is disability check goes to they automaticcly take his paymeny from his army disibility check. he wasdischarge due to post tramatic stressyndrome as he was a airborne medic in irac. the truck still as a balance of 11400 and it is a 2003 chevrolet whch is a lot more than it is worth .please help he now lives in california the truck was bought in virginia
1 Answer from Attorneys
Divorce settlements address distribution of debt. However, from your grandson's perspective, bankruptcy can relieve him from his liability on a loan deficiency. A qualified bankruptcy attorney in his area must examine all other circumstances to determine whether filing is advisable. We thank him for his service and hope he gets better soon.
Important disclaimer:
Unilateral written communications may be incomplete or misconstrued. This answer is not legal advice and it is based upon the limited and partial information provided in the question. This answer is general in nature. It is strictly opinion and legal opinions differ and some may be incorrect. This reply does not create legal representation and does not create an attorney-client relationship (or retainer). The information herein should not be relied upon in determining whether or not to take or refrain from any action. Only an attorney that agrees in writing to represent a person is capable of giving legal advice in response to a question. Such a hired or retained attorney is in a unique position wherein he or she can clarify the questions, determine and avoid conflicts of interest and gather all the information necessary to give an informed answer. A retained attorney is in a unique position to follow up on their legal advice and adapt/correct it as circumstances change or new information or knowledge comes to light. All individuals are urged to retain competent legal counsel before filing for bankruptcy. Errors in completing and filing a bankruptcy petition can have disastrous consequences.
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