[james alford]

I made a verbal arrangement with one of my close friends to assume payments on an automobile. At the time he and his wife was going through a separation and he didn't want to keep the car. I was to continue to make the payments until the vehical was paid in full. At that time the title would be signed over to me, After three years in to the contract one Saturday I got a call to surrender the vehical cause he and his wife filed for bankrupty but kept all of there vehicals but surrendered the one that I was paying for I had only one year left before this vehical would have been paid in full. And to this day he hasn't done anything to make up for my loss. My question is what leagal rights should I seek? Is he protected to the point where I can't seek justice?

[progunr]

If you wait until the bankruptcy is final, and I mean discharged, done, over, FINAL.

You could then file suit for the expense you incurred.

Not saying you would win, but you could sure try.

If you do this too soon, it will just be added to the BK, and you won't even have a chance.

You will need some kind of testimony as to this agreement to increase you chances of winning. Is there anyone willing to testify to having knowledge of the agreement?

If not, it will just be your word against his, and will be up to the judge to decide who is being the most truthful.

[Fr_Chuck]

Well a couple of possible problems in some states any contract about a auto has to be in writing with certain notifications made, so a verbal contract on a car purcahse may or may not be upholdable in your state.

After that, it will be harder to prove a verbal agreement unless they are willing to admit it.

Next you could and should have challenged that bankruptcy notice to turn the car in, you should have made a claim as a secure debtor for that property.

Also if they included any debt to you in the bankrutpcy there is nothing you can then do.