Divorce is final. now bankruptcy HELP!

[electrowoman]

What is the name of your state?What is the name of your state?
My state is PA. In our divorce decree which has been final for 3 months it stated who paid what and said we couldn't drop the responsibility with bankruptcy.

My wife is now filing for bankruptcy and her car has my name on the lease.
She said she's turning the car in and It'll affect my credit.

What can I do?

She bought a truck for her boyfriend 2 weeks ago and is now turning the explorer in with the bankruptcy. She's been on 3 vacations in the last 2 months and is planning a trip to Hawaii for two weeks.

What are my options? Can I stop her from turning in the car that was spelled out in the divorce decree as her responsibility? Will the divorce decree hold water?

 

[LdiJ]

What is the name of your state?What is the name of your state?
My state is PA. In our divorce decree which has been final for 3 months it stated who paid what and said we couldn't drop the responsibility with bankruptcy.

My wife is now filing for bankruptcy and her car has my name on the lease.
She said she's turning the car in and It'll affect my credit.

What can I do?

She bought a truck for her boyfriend 2 weeks ago and is now turning the explorer in with the bankruptcy. She's been on 3 vacations in the last 2 months and is planning a trip to Hawaii for two weeks.

What are my options? Can I stop her from turning in the car that was spelled out in the divorce decree as her responsibility? Will the divorce decree hold water?

Unfortunately you can't stop her from filing bankruptcy, and unless you can take over the payments on the lease yourself, you may not be able to do anything to stop the hit on your credit report. However, she IS in violation of the divorce agreement and you may be able to take some action against her there.

 

[Kansas4me]

I do not know how true this is, but my brother was told that when he gets his final divorce papers were it shows he is responsible for the truck and she is for the car then he can have his name removed from her car so that she can not affect his credit. He called the lien holder and they told him just mail in a copy when it is final.

 

[LdiJ]

I do not know how true this is, but my brother was told that when he gets his final divorce papers were it shows he is responsible for the truck and she is for the car then he can have his name removed from her car so that she can not affect his credit. He called the lien holder and they told him just mail in a copy when it is final.

Most lienholders/creditors will NOT do that. They are not parties to the divorce and are not bound by the terms of the divorce. They won't give up their opportunity to mitigate their own losses.

 

[electrowoman]

The lease holder won't release me.

Is there any way I can take the car, sell it and try to recover some of the loss from her for violating the divorce decree?

The car is worth less than the lease payoff.

 

[LdiJ]

Is there any way I can take the car, sell it and try to recover some of the loss from her for violating the divorce decree?

The car is worth less than the lease payoff.

You may be able to do that...it depends on whether or not the leasing company will cooperate.

 

[electrowoman]

Divorce decree violation

According to our divorce papers if one of us violates the agreement that person pays legal fees of the other.

So, if she turns in the explorer and I file suit against her she pays my legal fees or does the bankruptcy save her from that too?

I talked to the lease company rep today and she said they will come after me for the differance between what is owed and what they sell the vehicle for.

The X is protected from that by the bankruptcy.......

The divorce decree spells out that she is responsible for all payments of the car and can't file bankruptcy...... now how can she get away with this???

 

[LdiJ]

According to our divorce papers if one of us violates the agreement that person pays legal fees of the other.

So, if she turns in the explorer and I file suit against her she pays my legal fees or does the bankruptcy save her from that too?

I talked to the lease company rep today and she said they will come after me for the differance between what is owed and what they sell the vehicle for.

The X is protected from that by the bankruptcy.......

The divorce decree spells out that she is responsible for all payments of the car and can't file bankruptcy...... now how can she get away with this???

Your divorce settlement is like a contract. You both agree to certain things. Violations of the contract are actionable....but the contract itself cannot stop someone from doing something that is otherwise legal. You could try to get a judge to issue a restraining order preventing her from including the car in the bankruptcy (or ordering her to reaffirm the loan) but that is about the only thing you can do. I am not sure though that the family court judge has the authority to interfere in a bankruptcy.