http://www.UtahBankruptcyOnline.com Utah Chapter 13 Bankruptcy Lawyer Answers the Question: Will I lose my car if I file for Bankruptcy? The fact is it depends.
If your automobile is paid off and you submit a chapter 7 instance, your auto needs to deserve less than $3,000 (auction worth) and also you can maintain your vehicle. If you and also a partner file a chapter 7 instance together, your automobile should deserve less compared to $6,000 (auction value) and you could maintain your automobile. The $3,000 quantity is the “car exemption” which is the Utah state law that enables you to maintain your car in bankruptcy.
What happens if your car is worth more compared to that? It depends. If the Chapter 7 Trustee assigned to your instance believes that she or he could get at least $2,000 or even more out of your car, after that they will have you take it to Erklens as well as Olsen in Salt Lake City, Utah and also have your automobile assessed. The Trustee will generally give you the choice to buy the auto back from the bankruptcy estate if you wish to.
— let’s claim you have a truck worth $10,000. The vehicle is paid off and you submit a chapter 7 situation and also you are not married. You apply your $3,000 vehicle exception to your truck and that suggests $7,000 is unexempt. The Trustee would certainly have you get your truck appraised. If the assessment came back at $10,000 you would certainly have 2 choices.
Option 1: You might leave the truck with Erklens and Olsen to be cost public auction. Once marketed, the Trustee would certainly hand you a check for $3,000 (which is your vehicle exemption); and also the Trustee would certainly take the remaining $7,000 to pay himself or herself and your lenders.
Option 2: You wish to keep the vehicle, so you pay the Trustee $7,000 which is the unexempt quantity as well as the Trustee would certainly utilize the money to pay your creditors as well as pay himself or herself for administering your bankruptcy estate.
If you submit a chapter 13 bankruptcy case, the Trustee does not take any possessions, so you do not should stress over losing a vehicle in a chapter 13 instance. The equity in the vehicle is computed to establish your return to unsecured lenders nonetheless, which is a various subject.
If your car has a finance on it and also your equity in the car is much less than $3,000 (solitary) or $6,000 (wed); you could usually keep the car if you wish to maintain the funding also. If you do not wan to pay the financing, then you can “surrender” the auto in your chapter 7 case.
There are some terms you should understand about your auto. As an example is the loan secured/unsecured, and also whether or not it has equity. So below are some terms you need to understand and understand: Protected = Your auto has a car loan on it and also it’s detailed on the automobile title as a lienholder. Unsecured = Your auto is free and clear (without lending on it) (or the loan you have actually was never put on the title, hence providing the lending unsecured. Equity = the internet value of your car. In bankruptcy we consider either an auction value or a fair market price.
Protected (your automobile has a car loan), however inverted on the finance.
Maintain it if you intend to. If your vehicle has a loan against it, you can list the lending in bankruptcy and afterwards inspect a box that states “declare.” This suggests that you’ll keep the vehicle loan with the exact same payments/interest rate/balance/etc. Or surrender it. If your automobile has a funding versus it and also you wish to surrender the auto, then you return it to the financial institution as well as eliminate the continuing to be balance of the loan.
Protected, but your car has equity over the lending. You can still reaffirm as well as keep the car, yet, Utah law just allows us safeguard $3,000 of equity in a vehicle for every spouse, or a mixed $6,000 of equity in a single automobile if both partners get on the title. If you have more than $3,000 (or $6,000) of equity, the trustee might offer your auto off to pay creditors.
Unsecured. You own your automobile totally free as well as clear. If it is much less than $3,000 in value, you will certainly not shed it. Simply bear in mind that we can shield one car for partner as much as $3,000 and also one for spouse approximately $3,000 or a single $6,000 lorry if both partners are on title.
Chapter 13. The exact same analysis appllies, yet, the chapter 13 trustee will normally object if you attempt to keep more than 2 automobiles for a household or aim to keep a deluxe automobile.
Simply keep in mind that in a Chapter 13, we could stretch out the auto loan to 60 months and also alter the rates of interest to 5%. We could likewise obtain a repossessed automobile back and also catch up on missed out on payments.
If you want fighting bankruptcy attorneys in Utah Pick up the phone and dial 801-676-7308 The address : 8833 So. Redwood Road, West Jordon, Utah 84088
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Will I Lose My Car If I File Bankruptcy
8833 S. Redwood Road, Suite C
West Jordan, Utah 84088 United States
Telephone: (801) 876-5875
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