Virginia | Bankruptcy
Legal Question
can i keep my automobile that i am still payying for if i filr chapter 7 bankruptcy
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Legal Answer
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Read More Answered By: Daniel Press |
In most cases, yes. To keep your car, you first need to be able to continue making the payments (otherwise, the lender will take it). If there is any equity in the car (value minus the loan amount), it would have to be no more than you can exempt (or the trustee will sell it).
Assuming Virginia exemptions would apply (which they would if you have lived in Va. for over 2 years), you can exempt $2000 in equity in a car, plus you have a "wild card" (so-called homestead) exemption, which allows you to exempt at least $5000 in any money or property. (It's $5000, plus $500 per dependent, plus $10,000 if you are a disabled veteran, and an extra $5000 if you are over 65). The exemptions are per person, so married debtors filing jointly each get those amounts and can apply them to the car if it is jointly owned.
Consult a bankruptcy lawyer for details on how this will apply to your specific situation. |
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