Legal Question in Credit and Debt Law in North Carolina

I recently became disabled and collect ssdi. I have a large car loan that I can no longer afford because my income has gone from $60K down to $12K (disability). I paid cash for a mobile home in Raleigh recently and now I am worried if I let my car get repossessed, they will come after my home. I know they cant touch my SSDI with a jujdgement, but can they take my hoome since it is paid for? I dont know what to do but I cant afford the car anymore. Is bankruptcy an answer? Please help!


Asked on 11/07/10, 8:16 am

1 Answer from Attorneys

Don't let the car get repo'd if you can avoid it. I don't know what the car is worth or how much you owe and you should speak with a bankruptcy attorney about that. Assuming that the car is worth more than the loan on it, have you tried to sell it?

Regarding your mobile home, I don't know its value or if it is treated like a house (with a deed) or a car (certificate of title). Whichever it is may affect advice. If you own the land on which the home sits and you cancelled the certificate of title and put it on the deed, you can exempt the property up to $17,000. If the home is treated like a car, you get a wild card exemption and may be able to exempt some of that. That all said, mobile homes are cumbersome and while the creditor may be allowed to seize and sell your mobile home, it may be problematic for them to do so. The car lender will be more likely to try and grab money, which is exempt, provided that you don't commingle it with anyone else's non-exempt funds.

You might also let the car get repo'd and save whatever you can. When the car is sold the lender will come after you for the balance, but you may be able to settle the debt for less than what is owed.

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Answered on 4/07/11, 9:29 am


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