Cars and Trucks in Bankruptcy
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We Handle the Following Matters:
- Chapter 7 Personal
- Chapter 13 Personal
- Chapter 11 Corporate and Personal
- Adversary Proceedings
- Foreclosure Defense
- Loan Modifications
- Debt Settlement and Negotiation
When you come in to see us in Orlando for your intial consultation, you may ask: Will I be able to retain my vehicle, my car, my truck, or my motorcycle? The answer to this question is not a simple yes or no. It depends upon many factors. The two main factors are whether you have a loan already on the vehicle, and the price of the vehicle in relation to that loan. Often, there are ways our bankruptcy lawyers can structure the bankruptcy so that you can keep your vehicle. It often depends on whether you are willing to make a few additional monthly payments in order to keep the car.
Often, you are able to keep the vehicle without making any additional payments beyond the ones you are already making. And in some cases, you can keep a vehicle without making any payments whatsoever! The determination of whether you can keep your vehicle rests on some important calculations that the bankruptcy lawyer can help you make during your free initial consultation in our Orlando office.
Whenever you file a Chapter 13, you are almost always able to keep the vehicle, as long as you keep making payments on any loans already secured by the vehicle. Chapter 13 is the primary way to ensure that your assets are not taken. Often, in Chapter 7 your assets are not taken either, but it depends on more factors than in a Chapter 13. You have to keep in mind that the whole point of Chapter 7 is asset liquidation, or the liquidation of your assets in order to satisfy the judgments and claims of all creditors. Often though, your assets are at the point where it is not worth it to collect, and so you get to retain all of your assets, even your car.
Please keep in mind that even if your car might be taken in a Chapter 7, often we can structure a very reasonable Chapter 13 with low monthly payments that would enable you to keep your vehicle.
In the end, it depends on many factors whether you would be able to keep your vehicle in a bankruptcy. But keep this in mind- what would happen if you don't file? If you have many claims against you from credit card companies and others, they have the right to obtain a judgment, and any vehicle taken in a bankruptcy would likely be taken by them anyway pursuant to their law suit and judgment, and at a time and place you probably wouldn't expect and wouldn't want! So the decision is basically: do I want to guarantee that my vehicle will be taken by an creditor who has sued me, or do I want to try to structure a bankruptcy that would allow me to keep my car and my sanity, not to mention my transportation to and from work? Creditors can take not only your car, but also your other property, and can freeze your bank accounts and take a portion of your paycheck every week. So, it's usually better to make preparations for these things now by consulting with a bankruptcy lawyer, especially since in bankruptcy we can often find a way to help you keep your car or truck and protect your other assets.
Our qualified Orlando based bankruptcy lawyers and attorneys are here and ready to assist you, please contact us today for a free 30 minute consultation to discuss how we can help you keep your car and other possessions important to you.
The Bartlett Law Firm practices throughout the entire state of Florida. If you are far away from one of our offices, our attorneys will go and visit you for your initial consultation. Call us today to set up a time and place.