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  1. #1

    Default Repo of Vehicle After Bankruptcy, Following Divorce

    My question involves bankruptcy in the state of: California

    My husband filed for chapter 7 bankruptcy in October and was discharged about a month ago. Most of his secured debts were joint with his ex wife and they were unable to refinance since their divorce because the loans were upside down. One of the loans was an RV. We tried to maintain payments through the bankruptcy but because of health problems, we couldn't keep them up as we had hoped... the debt was discharged and we contacted the lender to allow them to reposess the vehicle at a place of our choosing.

    So, they have taken the RV, and my husband is relieved of the debt according to the bankruptcy... however his ex is still responsible. Quite honestly, as with any divorce, there are a lot more details and things that occurred thanks to her that make me feel like she deserves to be stuck with it... but that is all personal and not the issue here. I understand that yes, she agreed to the payments and no she has not filed bankruptcy... and yes my husband is protected from any debt to the lender of the RV.

    My main concern is does she have any recourse as far as he (we) are concerned? The bk lawyer seems to think that she could try to sue for damages, but because she knowingly signed the same loan docs that he did, she won't have much ground to go through with that? I am looking to see if anyone has real experience with this type of situation... not just speculation????

    Anything that we own as a couple is in my name and was aquired prior to our marriage... can she come after me simply because I am married to him?

  2. #2
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    Default Re: Repo of RV After Discharge of Debt - What Are Our Risks

    If this is a debt he is obligated to pay under the judgment of divorce, his obligation under that judgment is not dischargeable. Should she bring an action in the divorce court, he could apparently defend at least in part based upon her possession and use of the RV.

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