Legal Question in Bankruptcy in Maryland

Separated and Filing for Bankruptcy

I am getting ready to declare bankruptcy due to a separation. I have 2 questions: The car I drive has a bank lien in my husbands name and my name. Through the separation agreement, my husband is responsible for making the car payments. However, the title has been put in my name alone (done by my husband and bank). How do I claim this in bankruptcy? My mother put her house in all of her children's names, after the passing of my father, about 4 years ago. Her home is located in WV. Will this property become part of the bankruptcy and can the creditors put a lien against her home? Do I need to include this information. She has the legal right to live at her home until she can no longer make decisions on her own and I am the administrator of her will. Please Help. Thanks.


Asked on 10/03/03, 1:42 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Separated and Filing for Bankruptcy

The car would be scheduled as your asset, subject to the car loan. That loan would be listed as secured debt (you owe the creditor; although husband has to pay, the creditor could come after you if he doesn't). You would NOT list the car payments on Schedule J because your husband pays them.

You would list your interest in the WV house as an asset. Do you have a present interest in the house or is it a remainder interest after a life estate in Mom? This would have a big effect on value. You should absolutely have a competent bankruptcy lawyer represent you - DO NOT try to do this yourself. Depending on the value of the WV property, you may have to be very careful and consider options other than Chapter 7.

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Answered on 10/03/03, 7:15 pm


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