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kgreen85

Breakup and bankruptcy

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My ex and I broke up 2.5 years ago and he kept the cheaper car that he took upon himself to not put my name on. His car is paid off and I was left with a high interest loan, with him as a consigner, on a cheap car. I asked Reddit and they think I shouldn't file bankruptcy over a car. I don't make a lot, less than 15k this year, and as a single mom 30k on a 3k car is a little overwhelming to say the least. 

 

I dont want want to pay this alone for one. What are my rights and his obligation to pay?

 

I'm thinking I just stop paying my phone bill under his name, which he also can't stop paying since our phones are in contract. That would at least save me $120 a month that can go towards the car. He has never paid anything on the car and we had 3 cars total that I paid for with him yet he kept my name off of against my will so I never got good reporting on my credit for paying. 

 

I read that he has a right to take our car - this is legal but seems really unfair since he's never paid a penny on it. Anyways, can I even file bankruptcy on this car since his name is on it? How would that work in a 13 or 7?

 

Thanks for your time. 

-K

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13 hours ago, kgreen85 said:

My ex and I broke up 2.5 years ago

 

Your ex-what?  Husband?  Boyfriend?  Business partner?  Something else?

 

 

13 hours ago, kgreen85 said:

I asked Reddit and they think I shouldn't file bankruptcy over a car.

 

Unless I'm mistaken, Reddit is a social media web site, not a source of legal information, so it's not really clear who "they" are.

 

 

13 hours ago, kgreen85 said:

What are my rights and his obligation to pay?

 

Creating a list of rights would serve no useful purpose, and the facts relevant to "his obligation to pay" aren't clear from your post.  You made a reference to "the cheaper car," which implies that two cars are involved in some way (although later in your post you made reference to three cars).  You mentioned that "the cheaper car" is titled in your ex's name, but you didn't say anything about how the other car is titled.  You referred to "a high interest loan, with him as a consigner," but it's not clear which car this loan relates to.  Based on that information, it appears that your ex has an obligation (to the lender) to pay the "high interest loan" if you do not do so.

 

 

14 hours ago, kgreen85 said:

I read that he has a right to take our car - this is legal but seems really unfair since he's never paid a penny on it.

 

If the car is in his name, then it's his car.  If it's in both your names, then your rights are equal.

 

 

14 hours ago, kgreen85 said:

can I even file bankruptcy on this car since his name is on it? How would that work in a 13 or 7?

 

You cannot "file bankruptcy on [a] car."  You either file bankruptcy or you don't.  If you file a Chapter 7 bankruptcy, then the bankruptcy trustee will liquidate all of your non-exempt assets and use the proceeds to pay your creditors, and your debts will be discharged.  You can google "utah bankruptcy exemptions" to find out what property is exempt in your state.  In a large number of Chapter 7 cases, the debtor has few, if any, non-exempt assets and, in many cases, the trustee will never take possession of any assets, and the end result will simply be the discharge.  In a Chapter 13 case, things are handled similarly.  However, you will have to make monthly payments (typically for five years), and once that is done you get discharged.  If you have possession of a car not in your name, then you would not list it as an asset.  If it is jointly owned, then you would list it and identify it as jointly owned.

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Hi @kgreen85

 

Welcome to the community and thanks for posting! A little more background would be helpful, because if the ex in question is an ex-husband, then the family code will apply to assets and obligations, while if it is an ex-boyfriend, a different area of the law applies.

 

Regarding bankruptcy, as PG mentioned, you cannot file bankruptcy regarding only one asset or obligation. Bankruptcy is a generalized term for a federal court procedure that helps consumers and businesses get rid of their debts and repay their creditors. We have lots of great resources about bankruptcy in our Learn About the Law materials, this would be a great place for you to start to learn more:

 

We also have great materials specific to both Chapter 7 and Chapter 13.

 

Best of luck and let us know if you have additional questions!

The FindLaw.com Team

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