I have a car that was 38 thousand I owe about 8 thousand. I got sick last year and now have a bunch of medical debt now. Im really dont want to lose my car
For educational purposes only, and this is not legal advice, filing Chapter 7 in Alabama with $30,000 equity in a car would be a problem. If I had a client with $30K equity in a car that they did not want to lose, we would be discussing Chapter 13. Check with a local bankruptcy attorney to get some legal advice specific to your situation. Exemptions vary by state and exemption planning is important when considering filing bankruptcy.
I have a question, so I filed Chapter 13 2 years ago, and 2 months ago I converted to Chapter 7, but I found out that my car people never filed a claim and the trustee wasn't paying anything on my vehicle. While in Chapter 13, I'm not sure as to my options for keeping my vehicle.
My uncle gave 2007 Toyota Camry to my parent (It's already paid off) . My parent let me use for temporrary . Since buying insurance is a little difficult , and when having accident , it needs my parent to be there. So, I told them to transfer the title to me. Now , I got BOA sued me in the court, I just been wonder if they will take this car since it's in my name now? Thanks
In Alabama, if a creditor obtains a judgment against you, the creditor has multiple ways to collect on their judgment. One of those ways is to issue a writ of execution (the sale of personal or real property). In Alabama, at any time after a levy or seizure but before the sale of the property, a judgment debtor would have an opportunity to file a claim of exemption. However, the creditor could file a contest to the claim of exemption. So to answer the question, it is possible that BOA could try to seize the car. More often, I see judgment creditors 1st garnishing wages, bank accounts, and recording judgments in probate court. However, I have seen writs of execution.
I am not licensed in GA so I can not provide you with legal advice. Please reach out to a lawyer in GA to get legal advice specific to your situation. Many lawyers offer free consultations.
There are income requirements for Chapter 7. If you make to much money it can be an issue. There is a Chapter 7 means test that looks at the last 6 months of income.
I filed a Chapter 7 for other debts but are & have been current on my car payments. I asked the lender to send me a reaffirmation agreement but they refused me an agreement. In my documents submitted to the courts, I checked off that I planned to enter into an agreement but the lender just wont send the paper work. I'm super worried they will try to repo & i'm filing pro-se. What's the best thing I can possibly do in this case? Hope the judge discharges the debt or fight for the reaffirmation with the lender? Maybe something else? Thanks so much!
Hey dude, I just filed for Chapter 7. I live in Massachusetts. The balance of the car loan is about $1,800, the loan is current and the car is worth about $2,000. What is going to happen to my car? Anything helps, thanks!
