Legal Question in Consumer Law in Ohio
Bankruptcy, Divorce, Levy
If a couple files bankruptcy, gets a divorce, each party retains a vehicle, then he turns his car back, the loan co. sells the car at auction,which leaves one car still financed which belongs to the ex-wife who had agreed to pay the loan, but doesn't since it isn't in her name. How can the loan co. put a levy on bank accounts of the husband 5 yrs later and demand payment in full including continuous interest ?
1 Answer from Attorneys
Re: Bankruptcy, Divorce, Levy
If the car loan was reaffirmed in the bankruptcy, then the loan was still valid and survived the bankruptcy. If the husband was still on the note, and the finance company sued him properly, and obtained an enforceable judgment, then they are within their rights to levy on the husband's assets.
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