Bankruptcy how many cars
Meet the Editors. Find out how much property you'll be able to protect. Each state decides which property its residents will need to maintain employment and a home. You'll find the property you can protect in the exemption laws.
There are two sets: state and federal exemptions. Some states allow filers to choose between the state exemptions and the federal exemptions , but in most states, you'll use the state exemptions. Calculate your vehicle equity. Research the value of the cars.
Subtract any car loans or liens that you'd need to pay if you sold it. The amount remaining is the equity. Find out how much vehicle equity you can exempt. Most states let you exempt some equity in a single vehicle although some will allow you to spread the exemption amount over multiple cars.
You'll be able to protect more equity if your state has a wildcard exemption that you can use for any property of your choosing. If you're unable to exempt the full value of either vehicle, you might have to turn one or both cars over to the bankruptcy trustee appointed to your case. The trustee will sell the car, pay you the exemption amount, and use the rest to repay your unsecured creditors according to the bankruptcy priority payment rules.
Decide if you want to buy back any nonexempt equity. If you pay the nonexempt portion the amount you can't protect to the trustee, you can keep the car. You'll have to use income you earn after the bankruptcy or borrow money from a friend or relative.
However, the trustee might give you a discount due to the saved sales costs. My doctor released me to light duty, but my employer is insisting I do more strenuous work. What should I do? My ex assumed our joint debts as part of our divorce settlement. Now he's filed bankruptcy. My house is being foreclosed — What can I do? My workers comp doctor has released me to light duty work. Can my employer cut off my weekly benefits?
Ripped off by a debt settlement company? Social security benefits — Can a creditor garnish my bank account and seize my social security funds? The trustee has filed a motion to dismiss my Chapter 13 case. What are the consequences of filing for bankruptcy in Georgia? What are the most common reasons for filing for a Chapter 7 bankruptcy?
What can I do to improve my credit score? What happens to your debt after you die? Will my family have to pay my debts?
What happens when I owe more than my car is worth? What is the means test in a Georgia Chapter 7 bankruptcy? What property is exempt in a Georgia bankruptcy? What to expect: First credit counseling course What to expect: free bankruptcy consultation What to expect: Second credit counseling course What to expect: Your next appointment When is my bankruptcy case closed by the court?
Is it possible to reopen the case? Where would my bankruptcy case be filed, and where would the hearings be held? A car is the most important asset for most people except for their home. Bankruptcy law recognizes how important cars are in a society that requires many people to own one just to survive. Married couples can stack their exemptions on a car too, as long as it owned together or marital property.
In most cases people are allowed to keep their car in a Chapter 7 liquidation bankruptcy or a Chapter 13 repayment plan. The exemption only needs to apply to the equity in a car. For a paid in full car, the entire value is equity. Many people who file bankruptcy have little or no equity in their car anyway.
If you are in Chapter 7 and making payments on a car, you can keep the car as long as you are able to continue making payments. The creditor will want you to file a reaffirmation agreement which takes the car debt out of the debts discharged at the end of a case. You may be able to keep the car without a reaffirmation by keeping current on the loan but the law allows a creditor to repossess a car that has not been reaffirmed regardless of whether the loan is current.
Your creditor may give you an idea of their policy regarding reaffirmations. You can also give the car back and walk away from the loan. If you had a car repossessed in the past and still owe money to the finance company, that debt is wiped out in bankruptcy. Our Washington State bankruptcy lawyers will be happy to thoroughly review all of your legal rights and options when it comes to vehicles and filing for bankruptcy here in Washington State.
Just give us a call and speak with one of our repossession and debt relief attorneys. As detailed above, another option for keeping your vehicle in Chapter 7 is a redemption.
The redemption allows you to pay off a car loan at the value of the car. This is a good option for loans on a car that is worth a lot less than the loan balance. Some finance companies can even loan you money for the redemption while you are in bankruptcy. As noted above, you can also pay a car loan in a Chapter 13 repayment plan. This plan restructures the car loan with other debt to make it more affordable. If a lender or creditor does approve you, you may face sky-high interest rates or fees.
During this time, though, you can help rebuild your credit by making wise financial decisions. If you pay all of your bills on time, avoid overspending, and use a secured credit card responsibly, you can slowly nudge your credit score back up.
Monitor Your Credit Once you file for bankruptcy, it's wise to start monitoring your credit regularly. This allows you to see how the bankruptcy is affecting your credit as well as how any efforts you make to improve your score help rebuild it. It also helps you quickly see if there's any new activity on the report that shouldn't be there, such as errors or fraud that could harm your credit.
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