Legal Question in Bankruptcy in Ohio

Married and Filing Bankruptcy

I am married and I want to file bankruptcy, but my husband doesn't, can I do that? We have a car loan in both names, can we still keep the car (I am the one filing bankruptcy). We are not behind on car payments. My husband filed bankruptcy 10 years ago, and I need to know the steps to do and an example on how to write a professional letter to remove that off of his credit report.


Asked on 5/09/02, 8:32 am

1 Answer from Attorneys
David Weilbacher, Esq. Attorney at Law

Re: Married and Filing Bankruptcy

It is possible for one spouse to file bankruptcy and not include the other spouse. This is complicated because there will be questions as to when the debts were incurred and whether your spouse is also obligated. The vehicle might be exempt depending on its value and your interest in it. The car loan company will not call the loan as long as the payments a current, but other creditors may attempt to execute on the car if it is not exempt and is of great value. Bankruptcy is complicated. You should seek counsel.

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Answered on 5/09/02, 5:33 pm


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