Legal Question in Credit and Debt Law in California

We are planing to file for bankruptcy in a few months and we purchased a used vehicle in cash.can their be a problems or do we risk losing the vehicle?


Asked on 8/23/10, 10:21 am

2 Answers from Attorneys

Joe Marman Law Office of Joseph Marman

You can keep a vehicle up a certain value, some where around $3800.

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Answered on 8/28/10, 12:44 pm
Asaph Abrams Law Office of Asaph Abrams

Assuming you've been California residents for 2+ years, you'd choose one of the two available exemption schemes. Under the first scheme (which is generally preferred if you have high home equity), you can protect $2725 in motor vehicle equity. Under the second scheme, you can exempt $3525 in motor-vehicle equity (for a single vehicle), however you are entitled to an additional $23,250 from unused-homestead + wildcard exemptions that can be applied to protect any property, including motor vehicles. Separate, additional exemptions exist for protecting household goods, retirement accounts and other assets. For more information on exemptions, please consult my Website exemptions page. Just Google my name + exemptions to get there in a jiffy.

Keep in mind, these values are subject to change and are current as of the date of this posting.

Disclaimer: the above as well as any information found on our Web site is not legal advice and should not be relied upon. It does not create an attorney-client relationship. Unilateral communications may be misconstrued as they do not address all facets, nuances, and particulars, or all means of addressing a situation. This is strictly my opinion provided for general informational purposes and it pertains to California law. We do not review and are not responsible for the content of other attorneys� answers even when they answer the same questions. We recommend you seek legal and other professional counsel before acting or refraining from action in relation to bankruptcy. It's worth the cost.

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Answered on 8/31/10, 9:50 am


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