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Old 10-20-2010, 12:08 AM   #1
severous01
 
Drives: 2008 yaris, stripped, red
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if your name is on it they're obliged to give you the info...cuz no matter what the court says you are still liable to pay...even if court took your name off. your name is still on the car.

i went over this w my ex wife and mitsubishi actually went as far as taking my name off the car. until she didnt pay and then my name mysteriously reappeared. my credit has been crap since then.
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Old 10-21-2010, 12:45 PM   #2
JBougie
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Quote:
Originally Posted by severous01 View Post
if your name is on it they're obliged to give you the info...cuz no matter what the court says you are still liable to pay...even if court took your name off. your name is still on the car.

i went over this w my ex wife and mitsubishi actually went as far as taking my name off the car. until she didnt pay and then my name mysteriously reappeared. my credit has been crap since then.
That is not the case when a BK is involved, because of the protection of the automatic stay, if they THINK you are involved in the BK and THEY give you any information - they will be in violation of the automatic stay and risk their proof of claim being thrown out. They probably won't risk it.

What I would do is find out who her BK lawyer is ... they need to reaffirm the debt; it's a weird situation when 1 debtor is involved and 1 isn't. However, she doesn't HAVE to include the car in her BK. She does have to list it as a debt - but like I said, it can be reaffirmed and taken out of the BK.

Make some phone calls, it's worth it. Especially if she's filing Ch.7.

I've been in the Bankruptcy and Foreclosure industry for 5 years ... I've seen things like this happen. lol However, I don't deal with automotive debt - but I'm sure it works pretty damn close no matter what kind of secured collateral you're working with.
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