Legal Question in Bankruptcy in Maryland

Exempt or non-Exempt property

My divorce was final on 16 Oct98. Ther divorce papers state that a 1994 Jeep Grand Cherokee limited be signed over to my ex-wife. This has been done on a duplicate title. However, a lein still exists at my credit union with a balance of 3900.00. A new title cannot be obtained until the lein is satisfied. My question: Do I claim part owner ship of the JEEP on my bankruptcy petition although the title has been signed by me transfering ownership to her?

Thank you for your consideration!


Asked on 11/24/98, 11:01 pm

2 Answers from Attorneys
Lowell Wilson Law Office of Lowell G. Wilson

Re: Exempt or non-Exempt property

I usually try to offer a best-guess at the correct

answer and then add, "but you really should talk

to an attorney" at the end. However, your case is

complicated enough that I really think you need to seek

legal counsel, period. I would need to review your

separation agreement/divorce decree/etc, and address several

other issues before I would take a shot at this one...

Lowell

(410)461-8465

Lowell Wilson

Law Office of Lowell G. Wilson

8335 Court Avenue


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Answered on 1/06/99, 9:55 pm
Brett Weiss Brett Weiss, P.C.

Re: Exempt or non-Exempt property

Generally, you would list the transfer in the Statement of Financial Affairs and the debt on Schedule F. However, the specific terms of the Separation Agreement or your particular situation might put a twist in this. Speak with your bankruptcy attorney for the best way to handle this--it can be tricky.

Brett

[email protected]

http://www.erols.com/lawyer

Brett Weiss

Brett Weiss, P.C.

18200 Littlebrooke Drive


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Answered on 1/07/99, 12:31 am


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