[WSBAPT] Off Topic Issue - Bankruptcy/Community Property Question

[Ann Manley]

I think that W being awarded the vehicle in the divorce and having
possession would give her the right to retain the vehicle and pay the
lender through her repayment plan. Plus, the loan would be a community
property obligation wouldn't it?

On Thu, Apr 7, 2022 at 12:51 PM <samuel at meylerlegal.com> wrote:

> Mates,
>
>
>
> I have an off-topic bankruptcy/community property question and was hoping
> that one of you out there that practices bankruptcy law might be able to
> help.
>
>
>
> H purchased a vehicle while H and W were married.  H was the only one on
> the loan and the only one on title.  H and W get divorced and the W is
> awarded the vehicle in the divorce.  Nobody makes payments on the vehicle
> for a period and lender attempts to repossess the vehicle.  W files Chapter
> 13 BK.
>
>
>
> Generally, I don’t think that the divorce decree has any bearing on the
> lender’s rights, but does the divorce decree or even simply W’s possession
> of the vehicle give W the right to include the lender as a secured creditor
> in the bankruptcy?  Does filing bankruptcy protect W from having the
> vehicle repossessed given that she is not on the loan or title?
>
>
>
> I appreciate any thoughts or legal authority on this and would love to
> chat with someone knowledgeable in these matters.  Thanks.
>
>
>
> Sam
>
>
>
>
>
> *Samuel M. Meyler*
>
> *Meyler Legal, PLLC *
>
> 1700 Westlake Ave. N., Ste. 200
>
> Seattle, Washington 98109
>
> *Tel:*  206.876.7770
>
> *Fax:*  206.876.7771
>
> *Email:*  samuel at meylerlegal.com
>
>
>
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-- 

Ann Manley, Esq.
The Manley Law Firm, P.S., Inc.
PO Box 16324
Seattle, WA 98116
(206)292-3064 / (206)292-3914 fax
www.manleyfirm.com

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