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

Thu Apr 7 12:47:34 PDT 2022

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:   <mailto:samuel at meylerlegal.com> samuel at meylerlegal.com

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