Will The Bankruptcy Court Take My Car To Pay Creditors?
A frequent concern that clients present to me is, “Will I be able to keep my car, in bankruptcy?” The good news is, in most cases the answer is, “Yes.” However, due to recent rapid inflation of used car prices, it is becoming more difficult to exempt vehicles that are paid off.
If you are in bankruptcy and have any nonexempt equity in a vehicle, don’t panic yet! The bankruptcy trustee won’t come in the dark of night with a cloak and dagger to repossess your car like some lenders. Rather, they will approach you before or during your trustee meeting to present you with an offer for a “buy back agreement.” This agreement allows you to keep your car by paying the bankruptcy estate for the nonexempt portion of the equity in the vehicle. This way, the bankruptcy trustee is able to extract value from the asset to pay creditors and you get to keep your vehicle, a win-win situation for both sides.
Bankruptcy trustees will often let you pay the bankruptcy estate over several months. For example, if your car is worth $10,000 and we can only protect $5,850, your buyback agreement would be structured to “buy back” the remaining $4,150 in vehicle equity. Once your buyback agreement is completed, the court will distribute the funds to your creditors who filed claims forms and then subsequently enter your discharge.
Are you considering bankruptcy, but have a car that you absolutely need to keep? To see how we can help you today, please feel free to reach out to your Yuba City bankruptcy attorney at (530) 797-4402.
Categorized in: Debt