Legal Question in Bankruptcy in Illinois

I need to buy a car and I need to file bankruptcy. Can my creditors take a car that I buy? Whatever car I buy will be used and will be purchased with a car loan.


Asked on 1/06/14, 12:24 pm

2 Answers from Attorneys

Henry Repay Law Offices of Henry Repay

Taking out a loan and promptly filing bankruptcy can be questioned, but when I have had debtors come in after doing so it has not yet created any issues since the debtor's intention is to reaffirm with the vehicle loan. Other creditors should not have an issue because there will be little equity in the vehicle and you can likely apply your vehicle exemption. A substantial down payment, however, can impact things. Review everything with your attorney.

I do not recommend filing bankruptcy on your own. There are too many complex issues. I have seen several posts on this site for debtors who filed on their own and are seeking counsel concerning complications. Most of them will have a hard time finding an attorney to get involved to unwind the mess without the attorney charging several times what would originally have been paid.

The scope of this space does not afford an opportunity to assess the situation and advise you. I recommend you assemble for legal consultation: (1) your income information for July 2013 through the present, including wages and unemployment during that period; (2) all your bills (copies neatly assembled, back pages included); (3) last two years� tax returns; (4) a credit report (use www.annualcreditreport.com to obtain free report if not requested in last year); and (5) other information that may apply, such as copies of lawsuits. Call at your earliest convenience to afford the most opportunity in which to be advised about your best course. You are not required to use an attorney in your area.

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Answered on 1/06/14, 12:51 pm
Nancy Delain Delain Law Office, PLLC

Mr. Repay's answer is a good one. I would only add that you should have not just one but all three credit reporting bureau reports for your attorney. You can get all three of them through www.annualcreditreport.com truly for free (no credit card, no payment, no nothing) if you have not requested your credit report in the last year. It helps me if the client shows up with electronic versions of tax returns and credit reports as well as paper versions.

Call the lawyer of your choice sooner rather than later.

While you are not required to use an attorney in your own geographic area, you must use an attorney admitted to practice before the court that will have jurisdiction over your case. In the federal system, that often means that you should get a lawyer in your state. Thus, since you are in Illinois and I am in New York, I will not ask you to call me; I wouldn't be able to help you since I'm not admitted to practice in the federal (or state) courts in Illinois.

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Answered on 1/06/14, 1:18 pm


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