Legal Question in Bankruptcy in California

Cars in Our Name that Belong to Our KIds

We are looking at the option of filing bankruptcy, largely due to excessive credit card due. I was unemployed for 10 months and we used credit cards to live on. Yet now the minimums are more than we can handle. We have a total of 4 cars, 3 that have loans on them but 2 of them are our childrens cars and they are making the payments, but the loans and insurance are in our names. What will happen if we file bankruptcy to those vehicles? I know you are typically allowed to keep one car per person but we have 4...so what do we do? Can three of the cars be left out of the bankruptcy?


Asked on 7/03/09, 11:55 am

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Cars in Our Name that Belong to Our KIds

The issue of vehicles has less to do with the number of vehicles and more to do with the equity in them. If you have no equity in any of them, you can probably keep them, but you probably cannot deduct in the means testing the payments on all four, nor the cost of ownership - that's something you need to review with a bankruptcy attorney, and some specific facts related to your situation. With respect to all assets you own, retention or liquidation in bankruptcy is generally all about equity, and not number of items.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 7/03/09, 12:13 pm

Re: Cars in Our Name that Belong to Our KIds

You will be able to keep the cars, as long as you dont have any equity in them (or very little equity), as long as you can keep making the payments. The other issue is who is on title to the cars? You say the loans are on your name, but what about title? If the title is in your kids' names, then even if there is equity, the equity belongs to the kids, not to you. Either way, you should speak with an attorney.

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Answered on 7/03/09, 1:01 pm


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