Chapter 7 and your vehicles

| May 18, 2011 | Bankruptcy |

Everybody needs to get to work.  Most people have kids to take to school, groceries to pick up, or errands to run that just cannot be done in today’s world without a car.  The bankruptcy code provides exemption schedules as does the Texas Property Code.  Those exemption schedules provide for someone who files bankruptcy to be able to claim certain property as exempt.

If you want to keep your car and you file Chapter 7, then you can sign a reaffirmation agreement telling the secured creditor that holds the note on your car that although your personal liability is discharged due to the fact that you filed, you want to enter into a new agreement with them reaffirming that you wish to pay the debt.

In a Chapter 13 bankruptcy, sometimes you are able to cram down the debt on the car and pay the value of the vehicle rather than the amount owed.  That typically results in a substantial savings.