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  1. #1
    Join Date
    Jan 2015
    Posts
    3

    Default Filing for Bankruptcy With Car Payments and Child Support Obligations

    My question involves bankruptcy in the state of: California

    My 25 year old son is going through a divorce. He has about 30,000 in debt that includes a 2011 vehicle with 500.00 dollar monthly payments as well as another 500 in child support. He's in over his head.
    My question is which would be the best way to file so all he has to pay is rent and child support and as well is there a way he would be able to keep his vehicle as this is his only transportation and way to travel to see his son. Any advice and guidance would be greatly appreciated. Thanks in advance for any and all input

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Bankruptcy or No Bankruptcy

    That really depends on facts we don't have.

    Your son should see a bankruptcy attorney to discuss his options.

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Bankruptcy or No Bankruptcy

    Your son needs to consult a bankruptcy lawyer. It sounds like he needs to sell the vehicle and buy one he can afford.

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Bankruptcy or No Bankruptcy

    Quote Quoting NanaK
    View Post
    is there a way he would be able to keep his vehicle as this is his only transportation and way to travel to see his son.
    The CA vehicle exemption is $2900.

    Chances are that he doesn't have that much equity in it and it might not even be worth what he owes on it which would make it impossible to sell.

    He's probably better off getting out from under that deal and let the lender take the car back after the loan is discharged.

    You might have to help him get into a cheaper vehicle.

    Meantime, he should see a bankruptcy attorney.

  5. #5
    Join Date
    Sep 2010
    Posts
    478

    Default Re: Filing for Bankruptcy With Car Payments and Child Support Obligations

    Quote Quoting NanaK
    View Post
    My 25 year old son is going through a divorce. He has about 30,000 in debt. . . My question is which would be the best way to file so all he has to pay is rent and child support and (the vehicle).
    Unfortunately there is no simple answer because your son is going through a divorce. Nothing arising from a divorce decree is dischargeable in a Chapter 7. A property settlement is dischargeable in a Chapter 13 so long as such is not “in the nature of support”. As the others have stated, he needs to discuss his options with an attny.

    Des

  6. #6
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Filing for Bankruptcy With Car Payments and Child Support Obligations

    Quote Quoting NanaK
    View Post
    My question involves bankruptcy in the state of: California

    My 25 year old son is going through a divorce. He has about 30,000 in debt that includes a 2011 vehicle with 500.00 dollar monthly payments as well as another 500 in child support. He's in over his head.
    My question is which would be the best way to file so all he has to pay is rent and child support and as well is there a way he would be able to keep his vehicle as this is his only transportation and way to travel to see his son. Any advice and guidance would be greatly appreciated. Thanks in advance for any and all input
    I agree with the other responses that you received, but I just wanted to emphasize that there is no way that he is going to be able to keep the car without continuing to pay off the loan. Bankruptcy cannot do that for him. He can give up the car in bankruptcy, and therefore get rid of the payment, but he cannot get rid of the payment AND keep the car.

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