Current Bankruptcy News
Yes, you can keep your car! Or even buy a new one! People often ask what will happen to their car if they file for bankruptcy.
In a chapter 7 case, if there is no lien on the debtor's car, it is likely that the debtor will be able to keep his or her car (however, this depends on the exemptions the debtor has available.) If there is a lien on the debtor's car, the debtor may be able to keep the car if he or she either reaffirms the debt (in which case the debt isn't discharged), or redeems the vehicle under section 722 of the bankruptcy code.
To "redeem" means to buy the vehicle for its fair market value, even if the debt you owe is higher. For example, if your car is worth $10,000, but you owe $20,000 to the lender, you have the right to buy it for $10,000. I can recommend specialized lenders that will even finance the loan for you - subject to approval.
However, if there is a lien on the car and the debtor is behind on payments, the company holding the lien will eventually end up repossessing the car unless the debtor either redeems or make arrangements to get current.
Want more info? Please contact me at your earliest convenience to schedule a free consultation to discuss the specifics of your case.
You can also self-schedule an appointment by going here: http://butwinicklaw.com/index.php/appointments/
Jeffrey H. Butwinick, Esq.
7800 Metro Parkway Suite 300
Bloomington, MN 55425