Will I Lose My Car?
When filing for Chapter 7 bankruptcy in Arizona, many people wonder whether their cars will be one of the assets lost. Consulting with a Phoenix bankruptcy lawyer will help you bring clarity to your particular financial situation. Chapter 7, also known as straight or liquidation bankruptcy, frees you of debt by having your possessions allocated by a trustee. This trustee determines which items will best be sold to pay your debts, and if you have a lot of equity in your car, it could be on the table. There are, however, ways and circumstances that will leave your car relatively protected during a Chapter 7 filing.
If You Own Your Car Outright
If you own your car entirely, things are a bit less complicated when it comes to the retention of your vehicle during a Chapter 7 filing. Each state sets an exemption limit for vehicles, meaning that up to that amount of your vehicle’s equity is untouchable by the bankruptcy. In Arizona, that limit is set at $6,000. Therefore, if your car costs less than or only slightly more than the limit, it will likely not be a viable option for liquidation as a way of repaying debts.
If you have a large amount of equity in your car or its value is much higher than the $6,000 limit, however, it may be in jeopardy of sale. Working with an experienced Phoenix bankruptcy attorney may help you secure it, but there is a chance that your vehicle could be lost during the proceedings.
If You Are Still Paying Your Car Off
There are more options if you are still paying your car off. A car still being paid for makes things a bit more complicated, but it doesn’t necessarily mean the vehicle will be lost. Here are some things to consider if you are still making payments on your car:
Chapter 13
When filing for bankruptcy in Arizona, if you are hesitant to put your possessions into possible liquidation, you may want to consider filing for Chapter 13 bankruptcy. During this type of claim, no property will be liquidated, and your debts will be paid by use of a payment plan rather than the sale of property. If you are concerned about your vehicle during these filing, contact us with any questions you have regarding either Chapter 7 or Chapter 13 and one of our highly skilled Phoenix bankruptcy lawyers will be happy to assist you.