Clermont, FL Bankruptcy Law Firms & Lawyers

If it is paid off, then you need to contact the lender and tell them to remove the lien. if they don't give proof to the DMV that the lien is paid off. If it is not paid off, the lien will not be removed until this happens.

Once you are married the property you accumulate is community property and can be taken to pay his bills. There is also the issue of commingling which means that your separate property and his will be so mixed up that it will be hard to determine what is your alone and what is community property plus any money in joint accounts can be taken since it belongs to both. There may also be a lien placed on your house under the mistaken impression by a creditor that the house is community property. There is also the issue of having to include your income in his bankruptcy petition once you are married. Therefore, definitely the best time to do it is before the marriage.

I'm not clear on exactly what your facts are.  Once you file a Chapter 7 bankruptcy case, you no longer have ownership of any of your assets unless and until the Trustee abandons them (gives back) to you.   Typically trustees will abandon assets if they are exempt (protected) pursuant to applicable state law. Exemptions are "protections" for value you have in certain assets such that they are "exempt" from collections.  Every state has different exemptions amounts available. Exemption laws are based on the state where you resided for the 2 years prior to filing your bankruptcy case or, if you lived in more than 1 state during that period, in the state where you resided for the greater part of the 180 days prior to that 2 year period.  Whether your selling the vehicle will be an issue or not depends on the value of the vehicle and what exemptions you took on it in your bankruptcy case.   If your attorney is unable to explain or answer these questions, you need to immediately hire a new bankruptcy attorney. 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.