Legal Question in Bankruptcy in Maryland

car

If I claim bankruptcy will I be able to keep my car that i am still paying on?


Asked on 2/18/04, 10:12 am

3 Answers from Attorneys

Carolyn Gilden Krohn Law Offices of Carolyn Gilden Krohn

Re: car

Yes, if you make your payments in a timely fashion. If you don't (just as if you had NOT filed a bankruptcy) then your car will be repossessed. The difference is that if you do not reaffirm the debt to the lender, and your car is repossessed, you will not be responsible for any deficiency due when the car is sold.

If you have any further questions, please feel free to call.

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Answered on 2/18/04, 10:23 am
Daniel Press Chung & Press, P.C.

Re: car

Carolyn Krohn's answer is correct UNLESS you have more equity in the car than you can exempt. For example, if the car is worth $20,000 and you owe $5000 on it, the trustee can sell it for the benefit of creditors. You could avoid this by filing a Chapter 13. You should consult with an experienced bankruptcy lawyer with regard to your specific facts to make sure you will be able to keep the car, and don't try to file bankruptcy without a lawyer.

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Answered on 2/18/04, 12:00 pm
Richard S. Stolker Uptown Law, LLC

Re: car

So long as your payments are current you will be able to retain the vehicle.

Richard S. Stolker

301-294-9500

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Answered on 2/18/04, 12:50 pm


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