Legal Question in Bankruptcy in Maryland
Exclusions
I would like to know if it is possible to exclude or rather disclose a creditor that is a bank in which I have a car payment and I have been paying as required? I need my car in order to travel back and forth to work and traveling by mass transit is not possible. Therefore, can I have this exclusion? I know that I can exclude certain assets as far as bank accounts (as long as it doesn't exceed a certain amount) and I can exclude my personal belongings in my home, but, I need to know can I apply for bankruptcy and continue to make payments on my car for work?
1 Answer from Attorneys
Re: Exclusions
Dear Reader:
In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.
Your question is ambiguous about where you are, and the laws of Maryland and New York may differ on this point. For New York residents, there is a limited "exemption" not "exclusion" for vehicles up to some value (I think it is $10,000). If you are paying the car off and still can because you have income, you should be able to make a deal with the lender to avoid repo. It may even be able to help (although use your judgment in dealing with it).
This will take motions in court to get it all accomplished, so as I mentioned before, this is something that you will want to take up with a lawyer of your own selection, either in your state or area or in a place where some of the pertinent events occurred.
Rod Kovel
Attorney at Law
516-312-9900
Related Questions & Answers
-
Garnishment Penalties After Bankruptcy Discharge What are the penalties that can be... Asked 12/06/02, 11:28 am in United States Maryland Bankruptcy Law
-
Am I liable for Mother-in-law debts if she moves in? If my Mother-in-law moves in... Asked 12/02/02, 2:10 pm in United States Maryland Bankruptcy Law