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Keeping My Car in Chapter 7 Bankruptcy

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  • 08-05-2007, 06:04 PM
    a_new_life
    Keeping My Car in Chapter 7 Bankruptcy
    I am in Oregon. I am getting ready to file chap 7 in about 7 weeks (when I have the $$ saved to do so). I have a 1994 vehicle that low-blue-book's out at about 4700.00. The car allowance in Oregon, I believe, is 1700.00 I really need my vehicle. It is paid off, and the only source of transportation for me and my 3 kids (we live in a rural town). It needs approx $3000 in repair, two of which are major repairs. If I get written estimates of the repair costs, will they take this into consideration at court, and will it bring down the value of my car, so that I can keep it? I'm not trying to cheat or get something past anyone. I am being practical. It doesnt seem practical to me to hand over my car that will cost them more to fix than is the difference between the car allowance in a bankruptcy and it's "worth." And then I would have to turn around and buy another car. Can anyone tell me if they take this into consideration? And if not, do they ever allow the person filing bankruptcy to pay the difference between the car allowance (or exempt amount--not sure of the terminology here)...and the blue book value, in order to keep the car? I cannot produce that kind of money in one lump sum but it would make more sense to do that (come up with the $3000 difference instead of having to buy a whole new (and possibly unreliable) vehicle. This is really bothering me. Also, dont suppose they make exceptions for filers who have 2 (out of 3) kids with documented developmental disabilities? I cant just let my kids loose to walk places on their own.
    Thanks in advance for your help.
  • 08-05-2007, 08:13 PM
    Betty3
    Re: Taking my car in Chap 7
    Whenever the equity in your car exceeds your car's exemption, a chapter 7 trustee can sell the car & pay you the value of your exemption. However, you're usually given the opportunity to keep your car by paying the net amount that the trustee would receive from selling the vehicle.
  • 08-05-2007, 10:06 PM
    a_new_life
    Re: Keeping My Car in Chapter 7 Bankruptcy
    Thank you for your help. I wonder if the trustee will accept payments.

    Thanks again
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