Legal Question in Bankruptcy in Illinois

Bankruptcy, divorce

A 2nd car is in my name only, I am filing for chapter 13 bankruptcy and do not want the 2nd car. My spouse, who drives the car wants to keep it, we are getting divorced. What are her rights after i file and do not include the car?


Asked on 12/06/08, 4:50 pm

1 Answer from Attorneys
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: Bankruptcy, divorce

If your spouse can afford the car and can get financing to refinance it to her name, you can agree through the divorce to let her buy the car from you. Chances are the lender will be perfectly happy with getting paid rather than having to repo the car. This is something you should discuss with both your bankruptcy attorney and divorce attorney (assuming you have attorneys for both).

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Answered on 12/08/08, 10:33 am


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