Goshen, CA Bankruptcy Law Firms & Lawyers

You might have an issue with proving that the vehicle is owned 50% by your son if there is no title and it seems like a vehicle like that might be difficult to value. Assuming that is resolved, your son can buy your husband's share from the trustee at a discounted price. You husband can also pay the trustee for his share of the value of the vehicle and keep the vehicle. This assumes that your husband cannot exempt his interest in the vehicle. The trustee prefers to sell your husband his interest in the vehicle or sell your husband's share to your son because it is quicker and less expensive so you can negotiate for a good price. If the amount involved is less than $5,000 the trustee might not even bother and abandon your husband's share in the vehicle back to your husband. It depends on the trustee and area where you will be filing as to how aggressive they are with regard to the amount that might be unexempt.

Sounds like you did not reaffirm the mortgage & can leave anytime, without having a foreclosure on your record or suffering a deficiency judgment. Ask your bankruptcy lawyer, or try to take a look at your docket sheet.

You question is a bit hard to understand. If you file under Chapter 13, you must file a payment plan. Do yourself a favor and find a skilled bankruptcy lawyer. It's almost always worth the investment.