QUESTION
Is there anyway if I applied for bankruptcy I can keep my car title without a lien on it?
Asked on Jun 06th, 2017 on Bankruptcy - Wisconsin
9 ANSWERS
Sure would have helped had you mentioned what your car is worth. In every state, a bankruptcy debtor is allowed to keep a vehicle. In most of these states, the value of the vehicle is limited to a certain dollar amount. In Nevada, the dollar amount is considered rather generous, at $15,000.
Answered on Aug 22nd, 2017 at 3:48 PM
If there is a lien on the title, no. You either have to pay according to the loan documents, or do a 722 Redemption.
Answered on Aug 21st, 2017 at 7:58 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Yes, first there is $3,600 exemption for a car, then there is a $825 wild card exemption that can be applied to the car. If the car is worth more than that, payment arrangements can be worked out with the trustee.
Answered on Aug 21st, 2017 at 7:58 PM
1 Award
It depends on how much the car is worth. If you don't have any other assets of value, it would be worth up to about $16,000 and the court will not take it, but if you have some other assets of value, then the value of the car will have to be lower in order for you to keep it.
Answered on Aug 21st, 2017 at 7:58 PM
Assuming you own your car free and clear you can exempt equity up to $5350 under CCP section 703 or under the federal guidelines $3775. Meaning if your vehicle is worth more than those amounts as calculated by Kelley blue book or Edmonds the trustee can sell your vehicle and give the equity in excess of those amounts to your creditors.
Answered on Aug 21st, 2017 at 1:35 AM
Bankruptcy Attorney serving Alpena, MI
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Carl C. Silver Attorney at Law
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Yes, file a chapter 13 and pay car off over 3 to 5 years.
Answered on Aug 21st, 2017 at 1:34 AM
If you can use the wild card exemption you could keep it.
Answered on Aug 21st, 2017 at 1:34 AM
There is a process called redemption by which you can pay the fair market value of the vehicle rather than the full amount of the debt. But your lender would have to agree to the amount you paid or you might have to have an evidentiary hearing before the judge if you can't come to an agreement. Bottom line is you will have to pay something. Nobody has an absolute right to a vehicle without paying for it.
Answered on Aug 21st, 2017 at 1:34 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Yes. First of all there is an exemption for equity in motor vehicles under both state and federal law. In addition, some states and the federal list of exemptions give you a wild card a certain amount of property of any sort that you can keep. It's always a good idea to retain a lawyer for a court matter; It's almost always a good investment.
Answered on Aug 21st, 2017 at 1:33 AM