In Chapter 7 bankruptcy there are some rules. If you file for Chapter 7 bankruptcy, your property may be seized to pay your debts, including any cars or boats you may own. However, there are rules about vehicles and car payments. Unlike Chapter 7, Chapter 13 allows you to make up missed payments over time so you can keep the vehicle. Almost all states provide some type of motor vehicle exemption. Can I Keep My Car During Chapter 13 Bankruptcy? Read on for another quiz question. Chapter 13 bankruptcy works well if you’re behind on payments or you have a significant amount of nonexempt equity and would still like to keep the car. This means that if your property is worth less than a particular dollar amount, you can keep it. In chapter 7 bankruptcy, you can re- affirm your car loan and continue making payment on the car. Yes, you can keep you car in chapter 7 bankruptcy. What if you have an old run down 2000 Mazda that is paid off in full, worth only $4500. You can convert your Chapter 13 case to a Chapter 7 case by filing a motion to convert in bankruptcy court, but you must first qualify for Chapter 7. Under a Chapter 7 bankruptcy, the bankruptcy trustee can sell your home to pay your creditors. That usually means two, but if the vehicles are paid for, or if you can show the trustee a good reason for making payments on the cars, you get to keep them if you want. Chapter 7 is short-lived, lasting about four months from start to finish. Can I keep 2 cars and 2 motorcycles if I file joint Ch 13 bankruptcy? People who lose cars after they file Chapter 13 bankruptcy usually do so for one of three reasons. So if you file a chapter 13 bankruptcy, you are much more likely to keep your house than if you file a chapter 7. The $1100/ mo car has a 60-month term, and the $400/mo. We own the 99 Ford Expedition which I use to travel to … ANSWER: If you file bankruptcy under a Chapter 7, you can keep your home so long as you are current in payment. In Chapter 7 bankruptcy, most or all of your debts are discharged. If the debtor wants to make the payments, he can keep … In a Chapter 13 bankruptcy, you can keep as many cars as appropriate. ... Generally, a Chapter 13 debtor can keep all of their assets, as long as they can propose a plan that meets the bankruptcy code requirements and treats their creditors fairly. For various reasons some homeowners end up filing for bankruptcy … You may also keep your IRA account so long as it qualifies as an IRA account under the IRS Code. Thus, in most cases, people keep their cars. This is called the "motor vehicle exemption" under the majority of state bankruptcy laws. Each state decides the property its residents can keep (it will be listed in the state’s exemptions) and whether its residents can use the: state exemptions Although a Chapter 7 bankruptcy is known as a "liquidation" bankruptcy and may cause you to lose some assets, there are also some built-in protections known as exemptions to a Chapter 7 case. In Chapter 7 bankruptcy, whether you keep your car depends on the car loan amount (if any) and any available exemptions you can apply to that loan. Protecting Your Car Equity in Chapter 7. If a nonfiling spouse wants to keep a joint asset, she will need to either pay for it or find an exemption to protect it. Yes, you can keep your car if you file bankruptcy. If the equity in your car is exempt, you can keep your car. The short answer is maybe. Here's how to figure out if you can keep your car in Chapter 7 bankruptcy. When considering Chapter 7 bankruptcy, most people want to know if they can keep their property. Bankruptcy Filing. You’ll have the choice to either keep or surrender your vehicle, but this decision comes down to your financial situation and available funds. When you file either a Chapter 7 straight bankruptcy or a Chapter 13 payment plan case, you'll be able to structure it so that you can keep your vehicle. In a Chapter 7 bankruptcy, the trustee will seize assets in the bankruptcy estate to pay the debtor's creditors. However—just as in a Chapter 7 case—you must pay your creditors an amount equal to the nonexempt vehicle equity. When you file for bankruptcy, you can protect property that you’ll need to work and live by “exempting” it from your bankruptcy case. Therefore, if you want to keep a car that has more equity than you can protect, you’ll pay for the nonexempt equity in your three- to five-year repayment plan. Is Your Car Equity Exempt? In a Chapter 7 bankruptcy, your non-exempt property is liquidated. Unlike Chapter 13, Chapter 7 requires no repayment plan. A vehicle can be one of those assets, because bankruptcy courts generally recognize that one needs a car to get and keep a job. If you’re still making payments on a vehicle, it might make sense to surrender your car to the lender. We own two vehicles and have a loan on a third. Because in Chapter 7 bankruptcy, you can keep a car you already own. Chapter 7 bankruptcy wipes out many qualifying debts, but there is a catch—if you own too much property, the bankruptcy trustee can … For chapter 13, you can include you cars in your payment plan. If you have little to no equity in your home, you don’t have to worry. What you get to keep when you file bankruptcy depends on the type of bankruptcy you file and the value of the assets you own. The bankruptcy system will not require him to give it up in this case. In general, Chapter 7 exemptions are much lower, stricter, and offer less flexibility than chapter 13 exemptions. This is usually valid in a Chapter 7 bankruptcy, however most Chapter 13 bankruptcy Trustees will not allow you to keep excessive vehicles that you do not need. People often need their cars to get to work, drive children to school, and take care of other important tasks. Can I Keep My House in a Chapter 7 Bankruptcy When I Still Owe on It?. In chapter 7 bankruptcy, a personal auto exemption will protect up to $5,000 of equity in your car or cars ($10,000 if you are 60+ years of age or disabled) from the bankruptcy trustee. Many bankruptcy filers are worried about what will happen to their cars. Whether you can keep your car in Chapter 7 depends on (1) whether your equity is exempt, and (2) whether you are behind in payments. My bankruptcy was discharged in February and I have continued to make my car payments, yet on my credit report the lender has listed the loan as part of my Chapter 7. This is the only way to be certain that you can keep the car after converting to a Chapter 7. If you owe money on car and we file a Chapter 13, the balance that you owe on the car will be paid in your Chapter 13 plan. We want to keep the cars that have the $400 and $1100/ mo. Therefore, if you want to keep that car, you will have to continue making payments or at least pay the creditor the value of the car. When you file Chapter 7 , you have at least three choices in how you deal with your car loan: Legal Advice. One Kelly BB valued at 19,000, the other at 10,000. If you file for bankruptcy, you still have an opportunity to keep your house and vehicles. Right! Instead, your nonexempt assets will be seized by a court-appointed bankruptcy trustee and sold, or liquidated, to pay your debts. In exchange, the bankruptcy trustee is allowed to sell your nonexempt property and use the proceeds to pay your unsecured creditors. In order to give you a fresh financial start, both federal and state laws allow you to protect some of this property by claiming an exemption for them. payments, and discharge/ turn in the others to the lenders as a part of the BK. Reaffirmation Agreement Your first option in a Chapter 7 case is to enter into a reaffirmation agreement with your car lender. The purchased car has 7 years remainding and I am about $20K upside down in that car. Can I cram and keep 2 cars in a Chapter 13 bankruptcy? If he wants to spend less on food or give up his charitable donations or stop buying new clothes, he can do that. I have two cars. When you don’t have enough income to pay your bills each month, Chapter 7 bankruptcy can help get rid of qualifying debt quickly. For instance, Chapter 7 bankruptcy is an excellent choice for those who can protect all equity and are current on payments. Keeping or Surrendering. car has 2 years remainding on its lease. Whether or not you will be able to keep your car in Chapter 13 bankruptcy depends on how much equity you have in the vehicle. In some states, You only make one payment to the bankruptcy trustee who then distributes the payment to the creditors. Each state allows bankruptcy filers to keep certain types of property up to a certain dollar limit. Keeping your car during a chapter 13 bankruptcy is easier than keeping your car during a chapter 7.This is because filing a chapter 13 means you are promising to repay your debt over a period of time, usually three to five years. How many cars can we keep if we file for bankruptcy? Chapter 13 is one of the two types of bankruptcy normally filed by consumers in the U.S. Example1. You can keep two cars in Chapter 13 bankruptcy, but you’ll need to be prepared to show that you can pay creditors for any vehicle equity that isn’t covered by a bankruptcy exemption.And, if you’re making two car payments (or even one), you’ll have to prove that you need both vehicles to earn income to fund the plan and that the payment amounts are reasonable. In some cases, you might be able to work out a deal with the lender when reaffirming the loan (more below), but you can’t depend on it. Remember, without your wildcard exemption you can only protect $3500 in value. If you file for Chapter 7 bankruptcy, you are allowed to keep at least 1 car, especially if that vehicle is used to get to and from work. In a Chapter 13 bankruptcy, filers are usually able to keep their property. Chapter 7 bankruptcy quickly discharges certain types of debt while allowing you to keep the property you need to live and work. 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