Catskill, NY Bankruptcy Law Firms & Lawyers

Your liability on the debt was discharged unless a Reaffirmation Agreement was signed or an exception to discharge applies. Having an attorney actually look at the docket from your Bankruptcy case, look at the schedules you filed and contact the Mortgage Company is the best way to determine why the Mortgage Company is saying this. There are many potential courses of action depending on what the facts are, including reopening your case to add them as a creditor, or pursuing sanctions for violation of the automatic stay from your case or your ex-spouse's case if the debt is being paid in her plan.

It has nothing to do with whether they share debt or not, the bankruptcy code only authorizes joint filings by legally married couples.   So, if the domestic partners are not married, they cannot file a joint bankruptcy petition, although they can certainly file separately. The more current issue going on surrounds married gay couples who were legally married in one state, but because of the "Defense of Marriage Act" it is not recognized federally.  There are recent cases that have allowed joint filings of married gay couples in bankruptcy court, but you would need to check with a bankruptcy attorney in the specific jurisdiction where the filing is to take place to see the courts' position on this. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  

Unfortunately you've given to little information for anyone to answer this question responsibly. Where you in a bankruptcy at the time your car was repossessed? In that case they should return the vehicle and charge nothing. On the other hand, if you were not under the protection of the bankruptcy court and the repossession we're done according to state law, probably someone is entitled to a fee for returning the vehicle. You would do well to consult a bankruptcy or consumer law lawyer.