Granger Law Firm LLC

Can I keep my car when I file bankruptcy?

Chapter 7 Bankruptcy:
In a Chapter 7 bankruptcy you can keep your vehicle if you are current on any loan payments and you do not have excess equity in the car. Currently the State of Ohio allows each owner of a vehicle to keep $3,675 of equity in their vehicle. We use the NADA value to assess how much your car is worth. If you are worried that your vehicle may have too much equity, I usually recommend that you take the car to CarMax and get a quote on what they believe the value to be.

Chapter 13 Bankruptcy:
A Chapter 13 bankruptcy may be recommended if your vehicle has substantial equity and is at risk for being taken in a Chapter 7. Because you will be paying a little bit back to your creditors in a Chapter 13, the equity in the vehicle is protected. Additionally, a Chapter 13 can be used to help you get caught up on car payments if you have fallen behind, thereby preventing a possible repossession. If your vehicle has been repossessed but has not yet been sold, then we can file a Chapter 13 to get the vehicle back to you and start the repayment plan. A vehicle loan being paid through the Chapter 13 will be paid at a lower interest rate, typically anywhere from 4-6%. In some cases we can even pay the lender only the amount that the vehicle is worth, instead of the full loan amount.