Legal Question in Credit and Debt Law in Illinois

I am in chapter 13 bankruptcy. I needed a newer truck for work and personal use. So my sister in law got a loan in her name for me. I payed about $2,600.00 down payment on it back in may 2013. I have made all the payments on it and paid for the insurance. There was never a cost out of her pocket for it . I paid for everything on time. I separated from my wife. Because of that my sister in law came over to my house with the police and a tow truck and took my truck from me. Is there any legal leg i have to stand on to get any of the money I have paid into the truck or am I out all that money?


Asked on 7/29/15, 11:36 pm

1 Answer from Attorneys

Jonathan Shimberg Shimberg and Crohn, P.C.

You might, and I said might, be able to file an action claiming she held title in constructive trust for you, but there are many hurdles, 1 - it could be argued that you committed a fraud on the bankruptcy court as you are not allowed to seek credit without court approval 2- it is a very expensive law suit to pursue

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Answered on 7/30/15, 4:08 am


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