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Splitting Asset/Debt out of Chapter 13 agreement

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PhilE

Member
What is the name of your state (only U.S. law)? WI

So we have a Chp 13 plan in place. Part of that plan is the car payment on my STBX vehicle. Loan/title is in both our names.

My thought (and my lawyer concured) was that the car loan and the associated asset (thanks to a zero percent loan the car is about a breakeven) should be assigned to the ex and she would need to sell or refinance the car to remove my name from the loan/title. By refinancing it would automatically be removed from the chp 13.

Her lawyer is advising her that the car should stay in the bankruptcy.....with the need to remove my name from the paperwork i don't see how that is feasable.

Am i missing something....i suspect its all really a numbers game as the total debt and total asset for the vehicle will be counted in the final numbers but as i want the loan of my credit report logistically it needs to be removed.

Thanks
 



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