Legal Question in Bankruptcy in Tennessee

Fraud

My wife now ex-wife purchased a vehicle fruadulantly paying for it with a bad check! She was a con artist, and I signed a auto buyers agreement. It was all her deal! Her check her account! I put her in jail and took ch 13! The car was repo'd after 4 weeks. She got a 10 day notice which I never

saw! She hid all documents pertaining to any bad actions. So

I knew nothing until the vehicle had been taken! The vehicle in question was sold in Nov 98! I filed Ch. 13 in Jan 99. The total amount she wrote the check was for 8300! They put that amount on my 13! I was decieved with the whole transaction and many others! I would like to know since the auto buyers agreement did not have any guarentee of payment in the fine print how can I get rid of this as I do not think I should have to pay a dime on this! The whole deal was based with fraud as were others.


Asked on 6/23/03, 11:01 am

1 Answer from Attorneys
Autry Jones Jones & Landers, Attorneys At Law

Re: Fraud

The issue of fraud is a separate issue from that of repaying the bankruptcy. Although there may have been some fraudulent conduct involved to procurring the car, the fact is, you're on the hook for the amount owed on the car because the bankruptcy court believed you were a co-debtor on the note. Your signature on a purchase agreement, in and of itself, has no binding effect. The bankruptcy court is not likely to add a debt to a Chapter 13 plan if the person doesn't owe the debt. It is also strange that if you didn't sign a binding document why you didn't seek legal counsel in 1998. If it is true you did not sign the contract and the bankruptcy court added the debt in error, you would need an attorney to go back into bankruptcy court to try and have the creditor removed and any payments made returned. Good luck.

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Answered on 6/23/03, 12:12 pm


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