http://www.AscentLawFirm.com Utah Chapter 13 Bankruptcy Lawyer Answers the Question: Will I lose my vehicle if I apply for Bankruptcy? The fact is it depends.
If your automobile is repaid and you submit a chapter 7 case, your vehicle should be worth less than $3,000 (auction worth) and also you can keep your vehicle. If you and a spouse documents a chapter 7 situation with each other, your automobile must be worth much less than $6,000 (public auction value) and also you can keep your vehicle. The $3,000 amount is the “automobile exemption” which is the Utah state law that allows you to keep your automobile in bankruptcy.
What happens if your vehicle deserves even more compared to that? It depends. If the Chapter 7 Trustee appointed to your case believes that he or she can get at the very least $2,000 or even more out of your automobile, after that they will have you take it to Erklens and Olsen in Salt Lake City, Utah and have your auto assessed. The Trustee will usually provide you the option to buy the automobile back from the bankruptcy estate if you intend to.
As an example– why don’t we’s claim you have a truck worth $10,000. The truck is repaid as well as you file a chapter 7 instance as well as you are not wed. You use your $3,000 vehicle exception to your truck and that means $7,000 is unexempt. The Trustee would certainly have you obtain your truck appraised. If the evaluation came back at $10,000 you would have 2 options.
Alternative 1: You can leave the truck with Erklens as well as Olsen to be cost auction. As soon as sold, the Trustee would hand you a look for $3,000 (which is your automobile exemption); and also the Trustee would take the continuing to be $7,000 to pay himself or herself and also your financial institutions.
Choice 2: You wish to keep the truck, so you pay the Trustee $7,000 which is the unexempt quantity and the Trustee would certainly utilize the cash to pay your lenders as well as pay himself or herself for administering your bankruptcy estate.
If you file a chapter 13 bankruptcy instance, the Trustee does not seize any kind of assets, so you do not should worry about shedding a car in a chapter 13 situation. The equity in the automobile is computed to establish your go back to unsecured financial institutions nevertheless, which is a different subject.
If your car has a finance on it and also your equity in the vehicle is much less than $3,000 (solitary) or $6,000 (married); you could typically maintain the car if you wish to maintain the financing as well. If you do not wan to pay the loan, then you could “give up” the vehicle in your chapter 7 instance.
There are some terms you have to know about your automobile. Is the funding secured/unsecured, and whether or not it has equity. So right here are some terms you have to understand as well as comprehend: Protected = Your vehicle has a loan on it and it’s provided on the automobile title as a lienholder. Unsecured = Your automobile is complimentary as well as clear (without finance on it) (or the car loan you have was never ever put on the title, hence making the car loan unsecured. Equity = the net worth of your vehicle. In bankruptcy we take a look at either an auction worth or a reasonable market value.
Protected (your auto has a car loan), however upside down on the lending.
Maintain it if you wish to. If your car has a car loan against it, you could provide the financing in bankruptcy and after that inspect a box that states “declare.” This means that you’ll maintain the car loan with the exact same payments/interest rate/balance/etc. Or surrender it. If your automobile has a funding against it and also you intend to give up the automobile, after that you return it to the financial institution as well as erase the continuing to be equilibrium of the funding.
Secured, however your car has equity above the funding. You can still declare and maintain the vehicle, however, Utah law just allows us secure $3,000 of equity in an automobile for each partner, or a consolidated $6,000 of equity in a solitary lorry if both spouses get on the title. If you have more than $3,000 (or $6,000) of equity, the trustee may offer your automobile off to pay lenders.
Unsecured. You own your automobile totally free and also clear. If it is much less compared to $3,000 in worth, you will not lose it. Just remember that we could shield one automobile for partner approximately $3,000 as well as one for partner as much as $3,000 or a solitary $6,000 lorry if both partners get on title.
Chapter 13. The very same analysis appllies, but, the chapter 13 trustee will usually object if you attempt to maintain greater than 2 automobiles for a family members or attempt to keep a high-end lorry.
Just keep in mind that in a Chapter 13, we could extend the auto loan to 60 months and also change the rate of interest to 5%. We can additionally get a repossessed auto back as well as capture up on missed out on settlements.
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West Jordan, Utah 84088 United States
Telephone: (801) 876-5875