Legal Question in Bankruptcy in California

I am filing Bankruptcy and I have a car Iam currently doing payments on I can no longer afford but my son is willing to take over payments and my father will be giving me a car as a gift and no payments. Does this affect my bankruptcy if anything?


Asked on 2/19/14, 4:07 pm

2 Answers from Attorneys

Charles Andersen Charles Andersen, Atty

It's possible these matters could effect your case. Unperfected secuirty interest's and gifts are problematic. Need to know more.

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Answered on 2/20/14, 9:49 am
Asaph Abrams Law Office of Asaph Abrams

Your son could assume payments; whether reaffirmation (formal reinstatement of the loan) is required, advisable or feasible depends on the lender and the circumstances. Reaffirmation means you would remain liable on the loan (and in trouble if your son defaults on payments); it's a negation of the bankruptcy discharge as it pertains to the subject vehicle loan. Often reaffirmations are not required. Local practices vary.

The value of the gift is relevant to exemption of property, if it's received prior to the bankruptcy filing or if it constitutes an obligation or debt repayment by your father, even if not received till after the bankruptcy.

This answer (by San Diego bankruptcy attorney, Asaph Abrams) doesn�t address all facts & implications of the question; it�s general info, not legal advice to be relied upon and exceptions may apply. It creates no attorney-client relationship; it may be pertinent only to CA and/or its Southern District Bankruptcy Court in San Diego. It�s independent of other answers. It may be time sensitive, as in past the �Use by� date: laws and case law change. Hire a bankruptcy lawyer before acting or refraining from bankruptcy or other legal action.

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Answered on 2/20/14, 1:06 pm


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