Legal Question in Bankruptcy in California

Automobile Ownership under Chapter 7

Can one purchase or lease a primary - use car (my car

was totalled a few days ago) if you plan on filing for

Chapter 7 bankruptcy in the next 2-3 months?


Asked on 5/24/02, 1:17 pm

3 Answers from Attorneys

Mark Markus Law Office of Mark J. Markus

Re: Automobile Ownership under Chapter 7

Of course.

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Answered on 5/24/02, 1:22 pm
Robert Mccoy Law Office Of Robert McCoy

Re: Automobile Ownership under Chapter 7

Yes, so long as it is a bona fide, for value transaction. So long as you keep making payments you should be able to keep the car. What you won't be allowed to do is to buy the vehicle, then stop making payments, then file bankruptcy and not have to pay for your use of the vehicle. Feel free to email or call for a quote.

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Answered on 5/24/02, 3:39 pm
Douglas A. Crowder Crowder Law Center

Re: Automobile Ownership under Chapter 7

Leasing wouldn't be a problem. Owning won't be so long as you don't have equity (meaning the value minus what you owe) in the car exceeding your allowable exemption (which is $1,900 at the minimum).

In either event, if you want to keep the car after filing the bankruptcy, all you will have to do is keep up the monthly payments.

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Answered on 5/24/02, 6:47 pm


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