Is this true?

What is the name of your state? AZ

In my Chapter 7 I want to include a vehicle that me and my ex purchased when we were married. In our divorce decree, i asked the judge to award him the vehicle and request him to refinance or sell the vehicle to get it out of my name and relieve me of any responsibility. Two attorneys have told me that all I have to do is notify my ex or list him as a creditor regarding the debt. The debt will then be discharged from me and soley him. He never followed the instructions regarding refinancing. I have no knowledge of his whereabouts. Now a third attorney called me and stated that can't be discharged in a 7 because it is still in the life of the contract and the only way to discharge them is to give them the vehicle back. He is not going to give it back willingly and i do know that the tow truck has showed up several times here looking for the vehicle. There is no way I can pay for this thing! I understand the concept of not being able to keep something that you are not going to pay for but he has the vehicle (if the retard hasn't did something illegal with it). They could go after him if they discharge me right. If I dont include it now believe me it is going to come back later. What should I do. Is it true? This is not the attorney I have hired but 2 out of 3 have said something different. Any info would be appreciated.

[Ladynred]

The one who said it can't be discharged for you is wrong, more or less. You CAN and should add it and, of course, you're not going to reaffirm it. Without reaffirmation, and w/o payments, the lender will want the vehicle back - in that sense the lawyer is right. However, if you have it discharged, the liability for it falls soley on the co-signer (your Ex). You absolutely should include your Ex as a creditor so there's no chance he can come after you for ANYTHING down the road.

The repo man will eventually find the vehicle and take it. If they don't manage to find it, well, YOU will have NO liability for it anyway - your EX will be on the hook completely.

Divorce decrees don't mean squat to creditors -- all they care about is the names on the contracts and getting repayment out of one of them !!

Thanks Ladynred. I know the decree didn't mean anything and I would be liable. I don't care if it is on him it should be rightfully so. I took all the other debt that he defaulted on. The decree will come in handy for me in the event he did something illegal with the vehicle. Thank you and as always you were very helpful.