File A Bankruptcy Tag

18 Mar My Husband Or Wife Is Filing A Bankruptcy… How Will It Affect My Personal Property

If it is clear what personal property is yours and what belongs to your spouse, then when your spouse files a bankruptcy there should be little or no detrimental effect on your personal property. Of course, to the extent your spouse's personal property is not protected by a bankruptcy exemption, a Chapter 7 trustee can take it, sell it and use the proceeds to pay your spouse's unsecured creditors. The problems begin when the ownership of personal property in your household is less than clear. In some families, all of the vehicles are titled to the husband, even though one is used exclusively by the wife. Who owns the wife's vehicle? She may consider it hers, but by law, if it is titled to the husband, it is owned by the husband, and to the extent it is not protected by an exemption, can be taken by the trustee. What about untitled property?
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