I recently read an article on the
internet concerning a debtor inquiring as to whether they could keep
their $31,000 car if the person filed bankruptcy; the car was paid
off. The article is fair in its analysis. It mentions the debtor
being able to keep the exempt value of the vehicle, and the exempt
amount will vary according to what jurisdiction you are filing in.
For example, if the debtor was filing in a jurisdiction that allows
for a $15,000 automobile exemption, upon the sale of the automobile
by the Trustee, the debtor would be able to keep the first $15,000 of
the sale proceeds. The balance would be distributed to creditors.
The article mentions the availability
of three options:
- Surrender the vehicle. As mentioned above, the car will be sold, and the proceeds distributed.
- Settle with the Trustee. Within my jurisdiction (Florida), this is the most common, as the trustee would prefer to settle and distribute proceeds without the time and expense of selling the vehicle, and the debtor would prefer to keep the vehicle. In this case, the debtor simply pays the to the Trustee an agreed amount to repurchase the portion of the non-exempt vehicle from the bankruptcy estate.
- File a Chapter 13. In this case, you are still repurchasing the non-exempt vehicle from the bankruptcy estate, but you are able to do so in 3 to 5 years. Payments are simply made to the Trustee.
While this is a very good simplified
analysis of what can be done, you should check with a competent bankruptcy
attorney in your area to find out your available exemptions, and any
other alternatives that may be available. This is an area of bankruptcy where the attorney's experience may be able to greatly benefit you. There may be additional
available exemptions you can use to increase the amount of the
vehicle you can keep when filing, or there may be some appropriate
pre-filing planning that will result in either increasing the amount
of available exemptions, or reducing the amount of vehicle available
to the bankruptcy estate.
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