How to File for Bankruptcy on Car Loan in an Ex-Husband's Name in Tennessee

It is possible to file for bankruptcy on an ex-husband's car loan.

Bankruptcy is governed by federal law under the Title 11 of the United States Code, thus bankruptcy cases in Tennessee take place in the federal courts and abide by the federal bankruptcy laws. Depending on which type of bankruptcy you file, a bankruptcy case can discharge any debts in your name, including any debts you've co-signed on with an ex-husband.

Instructions

1. Gather your bankruptcy documents. In order to file for bankruptcy, you will need to have at least your last six months' worth of pay stubs and bank statements, as well as a list of all of your creditors, how much you owe them and any assets that you own.

2. Visit a bankruptcy attorney in Tennessee. Although bankruptcy is governed by federal law, every state has its own income and asset limits. Only a licensed attorney in your jurisdiction can determine if you meet these requirements and what chapter of bankruptcy you should file under.

3. File your bankruptcy case. An attorney can file your bankruptcy case in Tennessee for you, but it is also possible to represent yourself if you are qualified to do so. Your bankruptcy filing will need to notify the lender of any debts you've co-signed for, such as a car loan that was joint with an ex-spouse. You will also have to list the contact information for your ex-spouse so that they may be informed that they are now solely responsible for this prior joint debt.

4. Elect to "surrender" your interest in the joint vehicle loan. By electing to surrender your interest in a loan, you elect to give back any asset that loan is secured by, such as a vehicle. If the loan is joint, the joint owner of the loan has the option to continue making payments on the loan.

5. Attend your meeting of creditors. The meeting of creditors happens in front of a trustee and is usually attended by the debtor and the debtor's attorney. Rarely do any creditors show up, although they have the right to attend.

6. Wait for your discharge. The bankruptcy discharge is the final step in a bankruptcy case. Once the discharge has been entered by the court, all debts in the bankruptcy case are discharged and the debtor's case is over.

References

• U.S. Courts: Bankruptcy Basics
• U.S. Courts: Chapter 7 Bankruptcy
• U.S. Courts: Chapter 13 Bankruptcy
• U.S. Courts: Discharge in Bankruptcy