Legal Question in Bankruptcy in Wisconsin
My ex-wife has filed bankruptcy. Both our names are on the vehicle loan for the car I was given ownership of in the divorce decree. She has told the loan holder that she will not be reaffirming the debt. Can I continue to make payments (the loan is almost paid off) or will the money I send be returned to the bankruptcy court or my ex until the bankruptcy is final. I don't want to lose payments that I make but am worried about defaulting on the loan and losing my vehicle.
1 Answer from Attorneys
I understand that your wife has filed bankruptcy but you have not (usually a bad idea if you have anything to lose, since not being a debtor in the case, meaning that you cannot claim exemptions). I cannot predict what the bank would do in the different scenarios regarding the secured car which you explain in your question. Technically, although they can seize the vehicle 45 days after your filing if you do not reaffirm it, they usually don�t. Or, at least, I have never heard of any bank doing this on a loan which is current, provided that you provide the bank with proof that you have insured the vehicle at you own expense and also catch up any late payments. In short, at minimum make your payments on time, promptly catch up on the ones where you are behind and odds are that things might work out. Things will certainly not work out well regarding the car, however, if nobody resumes the payments. Of course, you could always call the bank and ask, but you will not be able to rely upon anything that they tell you, nor are they bound by it. For that reason, I rarely call them, since almost nothing is accomplished. My comments here are not legal advice, nor do they create an attorney client relationship between us; rather they are only for public educational purposes on this website. You are; however, always welcome to contact my office in Racine to discuss any additional questions which you may have.