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My wife has filed for Chapter 13 bankruptcy and has recently completed the 341 meeting. We have a car. The Trustee questioned when the car payments would be finished, so we'll have to supply that soon.

Now I want to know why they are looking at our combined income when she has filed bankruptcy alone. Even though the car is in "my" name, will it be taken away by the trustee? Also, will I be restricted to purchase a used car in the future during her CH13 plan?

jerry · Posted: Mon Jan 30, 2012 4:05 am Post subject:

Hi Calendula,

If your wife had filed bankruptcy solely in her name, then your combined income should not be taken into consideration by the trustee. He should consider only your wife's income.

Also, if the car and the loan on it is in your name, then it shouldn't be included in the bankruptcy filing. It will be considered as your sole property and the trustee won't be able to sell it to pay your wife's creditors.

Thanks,

Jerry

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