Legal Question in Bankruptcy in New York

There would be no reason to take your car from you.

What type of bankruptcy are you planning on filing, a chapter 7 or 13?

Antoinette M. Wooten

It depends if the value of the car is over the NY exemption of $2400. If so, you can negotiate with the trustee and pay him a certain sum of money to keep the car. If you choose not to do that, the trustee has the right to sell the car to pay the proceeds to the creditors.

Maybe.

It depends on the value of the vehicle. You should speak with a knowledgeable bankruptcy attorney. Most offer a free consultation. All the best.

I congratulate you for taking the first steps in seeking a fresh start. The answer to your questions of whether the bankruptcy court will take your car is, it depends. In New York, you have an exemption up to a certain amount. The value of the car is, obviously, is a key factor in determining whether the trustee would take the car and sell it (assuming that you are filing a Chapter 7 bankruptcy. By the way, what are you interested in filing, a Chapter 7 bankruptcy or Chapter 13 bankruptcy?

Call me, Pasquale Calcagno, Esq., for a free, no-obligation consultation at 1(800)WE-FIGHT. Bankruptcy is an option but not your only option. Our consultation is in depth and takes into consideration all of the options available. We consider Bankruptcy a last resort.

We have convenient locations all over New York and can even have an attorney come to you. Good luck to you and I hope to hear from you soon.