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What if my vehicle doesn’t qualify as being exempt? If I need to keep it do I have any other options |
The first question to ask is whether the vehicle is free and clear (meaning you
do not owe any money on it). If your vehicle does not qualify as exempt and it
is free and clear there are a few options to deal with this. Depending on the
value of your vehicle it is possible to purchase it back from the bankruptcy
estate. If the value of your vehicle is too much to repurchase in a nine month
period it is possible to have your bankruptcy extended for a longer period of
time to make the payments. A proposal may also be a good option in this
circumstance. In a proposal your assets do not vest/transfer to the Trustee. You
may be able to come up with a proposal to your creditors that would allow you to
keep your vehicle.
If your vehicle is financed or leased you would be
responsible to continue making payments directly to the company or bank that
financed it. If a Creditor has your vehicle for collateral they are classified
as a Secured Creditor. A secured creditor who financed the purchase of your
vehicle is entitled to either the payments on your vehicle or the vehicle back.
You would have to make an arrangement directly with the secured creditor to keep
your vehicle in this situation.
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