Asked 6/19/2011
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Is it possible to File Chapter 7 bankruptcy and keep your home and auto. Can you retain some assets if you file Chapter 7 such as your house and car? |
Answer 1/6 - Submitted 6/19/2011
Yes you can. When you fill out your paperwork you will have a form to put down debts you would like to keep (like auto, home, etc) although you will need to negotiate with your lender when you do so. Usually they are okay with you keeping your loan. Remember though you can only file once every 10 years so if you keep this debt you will have to pay it. If you get behind in your mortgage or auto loan you will be fully responsible for them.
Answer 2/6 - Submitted 6/19/2011
You need to consult with an attorney in your area. State law is not the basic law for bankruptcy since it is federal court, but state law has a different schedule from state-to-state on what you might exempt from bankruptcy to keep. I believe, the rule is that you can't file again for seven years. The best thing to do is consult with an attorney near you who will know for sure.
Answer 3/6 - Submitted 6/19/2011
Answer 4/6 - Submitted 7/12/2011
ABSOLUTELY, it is possible.
Keep in mind that every bankruptcy case is different, but federal and state laws allow for certain exemptions when it comes to a persons home and auto.
Bankruptcy laws are intended to give a person a fresh start, not punish them. So if your situation allows it, and you have enough exemptions, you can keep your home and auto.
Here are some examples: Lets say in your state you are entitled to a $9000 exemption for your car, and you have a car worth $8000. Then you can keep the car because it is under the exemption amout you are alowed to keep.
Lets say you have a car worth $15,000, and you owe nothing on it. The trustee will sell the car give you the $9000 for your exemption, and distribute to ytour creditors the remaining $6000.
Let's say you have a car worth $20,000 and you owe $10,500. You keep the car because after the trustee sold it they would have to pay you $9000, the loan company would get their $10,500, and there would be $500 left. It would cost the trustee a couple hundred to sell, store, and transfer the car, so it would be alot of work for nothing. They will just let you keep paying on the car.
You should talk to an experienced attorney about what the exemptions are in your state and what your home and auto are worth. They will be able to guide you.
Answer 5/6 - Submitted 8/11/2011
Answer 6/6 - Submitted 8/26/2011
Yes, your primary residence, as long as it is not an outrageous mansion, is considered adequate and normal living expenses. An auto is also a necessity. Without a car you can't commute to work and most if not all courts see it as a normal expense. Overpriced cars and homes would be subject to the court's interpretation of what is excessive. If necessary, they may have to be sold and then you would be able to buy another more reasonable (modest) home or car. But you must live somewhere, no one is going to throw you out on the street when you declare Bankruptcy.
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