QUESTION

Does the amount paid towards the vehicle loan count when doing a redemption during bankruptcy?

Asked on Jul 04th, 2013 on Bankruptcy - Florida
More details to this question:
I have filed bankruptcy prior to my car being repossessed. I tried to get in touch with the owner but he has evaded talking to me or calling every time I leave a message for him to contact me. I looked up the car value and at mint condition it is only worth $4887. It is not in mint condition as I have fixed the car since purchasing it and he has received about $4500 in just 3 months time not to mention the $1500 in repairs I have done. Because I have put so much money in the car I would like to keep the car. Is this possible?
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1 ANSWER

Bankruptcy Attorney serving Burbank, CA
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You don't state it, but I'm going to assume you are asking about your options in a Chapter 7 case, since you mention "redemption" of the vehicle loan. I'm not completely sure I understand your question, but you have the ability, pursuant to section 722 of the Bankruptcy Code, to redeem a vehicle by paying in a lump sum its fair market value (presumably as of the filing date of your bankruptcy case, but courts in your area may define a different date, such as the date of the hearing on your redemption motion). You have to file a Motion to approve the redemption, and you have to establish the current fair market value of the vehicle.  Most courts use the NADA or Blue Book private party values minus an adjustment amount, and some use the trade-in value, but you need to know what the specific judge in your case requires.   This is yet another reason to have an experienced bankruptcy attorney representing you. You don't provide any information on how much is owed on the vehicle, but as long as the above value is less than what you owe, and you can come up with the funds to do the redemption, it may make sense in your case. 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. 
Answered on Jul 06th, 2013 at 9:52 PM

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