Legal Question in Bankruptcy in California

Can I kep my car?

If a person files for bankruptcy can still keep a 2 yr. vehicle?


Asked on 6/16/08, 8:36 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Can I kep my car?

If your payments are up-to-date, they are reasonable, and you sign a reaffirmation agreement and the court approves it, yes.

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Answered on 6/16/08, 9:01 pm
Robert Mccoy Law Office Of Robert McCoy

Re: Can I kep my car?

Sometimes yes, sometimes no. In order to adequately answer this question, you need a lawyer to provide you with a financial analysis of your entire situation. Many lawyers will provide you this service for free. In order to completely eliminate your debts you would have to pass a thing called "the means test."

If you do not pass the means test, then you may qualify for a different chapter bankruptcy which would involve paying back a percentage of your debts through a payment plan.

Most people are able to keep at least one or two vehicles. However, without performing the necessary calculations, I really cannot say for sure.

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Answered on 6/16/08, 9:09 pm


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