QUESTION

Would I lose my car if my elderly mother files for bankruptcy?

Asked on Jul 29th, 2013 on Bankruptcy - Colorado
More details to this question:
My elderly Mother currently has $32,000 in credit card debt (most of it from a failed business), owes around 9k in taxes (she isn't having to pay at the moment, and I am not sure of the process she went through to do that) 1k in other debts, and owes 97k on her house (she has only been in it since 2008). She has no savings, and gets around 800 a month in SSI and she gets food stamps. The only thing she owns is her car, so I was wondering if bankruptcy is her best option? I've read online something about her possibly being "judgment proof" but I am not sure if she is because of her car being paid for and the money she has put into her home (about 650 a month for 5 years). Another concern about if she files for bankruptcy is she co-signed for my car (which I made every payment, and it is now paid off in full) Would I lose my car if she does file for bankruptcy? Oh, and she is up to date with her house payments, I help her with that so she won’t risk losing her house. I would like for her to be able to keep her house, car, and for me to keep my car as well. Any advice or help would be greatly appreciated.
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7 ANSWERS

Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Your car should not be at risk, and she needs to see an attorney regarding her options, including potential bankruptcy.
Answered on Aug 02nd, 2013 at 7:57 PM

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General Law Attorney serving Cherry Hill, NJ at Mark S. Cherry, Attorney at Law, PC
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There is an exemption for a certain value for the car and wildcard exemptions.
Answered on Aug 02nd, 2013 at 7:56 PM

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William A. Siebert
No, you would not lose your car. The status of cosigner ended when the car loan was paid off.
Answered on Aug 02nd, 2013 at 7:56 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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Whether your mother will lose her car or her house in a bankruptcy will depend on what exemptions she is entitled to use under state laws. In Nevada, she would be able to keep her car if worth under $15,000 & her house if her equity is under $550,000. The exemptions are not nearly as easy to obtain as it may seem, so send her to the best bankruptcy attorney you can find.
Answered on Aug 02nd, 2013 at 7:56 PM

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Debt Settlement Attorney serving San Diego, CA at Law Offices of Kathryn Tokarska
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Judgment proof just means that even if a creditor gets a judgment, there is nothing to collect against. I suppose there may be some disagreement as to whether she is really judgment proof. I don't think someone who owns real property is really judgment proof because to me judgment proof means there is nothing that the creditor can attach or take. Understand that judgment proof doesn't mean the creditor can't or won't sue, it just means that even if/when they do, there is nothing to go after. Social security is exempt so that is safe. If however she has some other earnings, wins lottery, etc such can be attached. Since a creditor can also put a lien against real property I don't consider your mother to be judgment proof. I'd want to know what her plans are with regard to the house. There is a generous homestead exemption outside of bankruptcy. But what about filing bankruptcy now when she can use 703 exemptions with much more generous exemptions in different categories assuming of course she has no equity in the property. Who owns the car? How is it titled? Are the income taxes dischargeable? If not now, then when would the past due income taxes be dischargeable? Would make sense to wait maybe until they are. Need more facts to figure this out. Am I rambling? What you really want is to sit down with a local bankruptcy attorney to talk about what's what, see if bankruptcy makes sense, sometimes it's not just a matter of filing but when is best to file. Most bankruptcy attorneys offer a free consult and no online question and answer session can replace the value of an interactive discussion. I can't say if the car will be taken without knowing if she is on title, how much the vehicle is worth, market value of the home minus loans, and value of other property. There is yet still another possibility that even if it is titled, since you made all the payments and paid all the maintenance you could claim it doesn't really belong to her, but don't know if that's even an issue.
Answered on Aug 02nd, 2013 at 7:56 PM

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Bankruptcy Law Attorney serving Livingston, NJ
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While she seems to be judgment proof, it really depends on your particular state's laws. I would speak with a Bankruptcy Lawyer in your jurisdiction, as many offer free consults.
Answered on Aug 02nd, 2013 at 7:56 PM

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Deborah F. Bowinski
This is not the right forum to seek specific personalized legal advice. Your mother (and you with her, if she wishes) should schedule a consultation with a bankruptcy attorney. The values and types of property that one can own and protect while filing bankruptcy vary significantly from one state to another. She really needs to meet with a lawyer who can advise her relative to her current situation.
Answered on Jul 30th, 2013 at 10:09 PM

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