Legal Question in Bankruptcy in Illinois

I want to file a chapter 7 bankruptcy. I want to get rid of my car I am paying payments on it and the interest is incredibly/ridiculously high. I don't care if the company takes it I'm wanting to just buy a car out right with my tax return. However, I didn't know 1) If I bought my new car before filing my bankruptcy for my old car will they take my new car? 2) What happens when I do file bankruptcy on my car do I still have to pay the default amount or am I free from the payments all together and they just take their car back??


Asked on 1/30/14, 10:59 am

1 Answer from Attorneys

Henry Repay Law Offices of Henry Repay

More likely than not, you will be able to do what you want, but that really cannot be answered without taking a look at the entire picture. If you surrender the vehicle in bankruptcy, you will be discharging any deficiency with other debts. Provided the new vehicle can be covered with available exemptions, it should not be taken to cover any of your debts. Again, that is the likely answer, but your situation would have to be fully reviewed.

The scope of this space does not afford an opportunity to assess the situation and advise you. I recommend you assemble for legal consultation: (1) your income information for August 2013 through the present, including wages and unemployment during that period; (2) all your bills (copies neatly assembled, back pages included); (3) last two years� tax returns; (4) a credit report (use www.annualcreditreport.com to obtain free report if not requested in last year); and (5) other information that may apply, such as copies of lawsuits. Call at your earliest convenience to afford the most opportunity in which to be advised about your best course. You are not required to use an attorney in your area.

I do not recommend filing bankruptcy on your own. There are too many complex issues. I have seen several posts on this site for debtors who filed on their own and are seeking counsel concerning complications. Most of them will have a hard time finding an attorney to get involved to unwind the mess without the attorney charging several times what would originally have been paid.

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Answered on 1/30/14, 3:09 pm


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