Legal Question in Bankruptcy in Louisiana

Bankruptcy/Automobile

My ex-husband filed for bankruptcy approx a year ago. Ever since, I've been making payments on the car we purchased together which I have to make thru the Bankruptcy Dept. The car is no longer on my credit report. Do I still owe on the car since he put it in bankruptcy? Will I be penalized if I return it to the bank?


Asked on 3/22/08, 9:11 pm

1 Answer from Attorneys
Elisabeth Harrington Harrington & Myers

Re: Bankruptcy/Automobile

Generally, the person filing bankruptcy, receives the discharge of debt. Assuming the car loan was in both your names, then you remain responsible. If it was in his name only, then a community obligation may or may not exist. (obligation from your marriage without a pre/post-nuptial). The division of your community assets can also impact this question.

All in all, I would check with an attorney before I made any moves.

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Answered on 3/23/08, 7:34 pm


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