How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Leon Your Own Question

Leon, Solicitor
Category: Australia Law
Satisfied Customers: 40292
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Type Your Australia Law Question Here...
Leon is online now
A new question is answered every 9 seconds

Voluntary repossession of a vehicle, qld law.I currently

Customer Question

Voluntary repossession of a vehicle, qld law.

I currently can't repay my personal loan. My loan is more than the current value of the car. I'm currently bankrupt.

My loan is secured by the car, also some property.

When i first went for the loan, it was rejected, so the lender lied and said i had personal property so the loan would pass. The lender was a friends father at the time.

So if i voluntary reposes my vehicle what happens with the property i don't have secured by the loan????

Also "superannuation on compassionate grounds" being bankrupt and wanting to restart my life how would i go about this?
Submitted: 4 years ago.
Category: Australia Law
Customer: replied 4 years ago.

No, i dont own property, sorry.


I may have misinformed you with property, i meant property as in personal belongings.

I.e counches, bed,t.v .. ect....


Customer: replied 4 years ago.

The car, but that wasnt enough to get the loan passed.

So, personal belongings. Furniture, ect. I can't remember exactly. i don't have the paper work.

Customer: replied 4 years ago.

I would like to know the easiest way out.

If i declare bankrupt for the car how does that work please explain?

When i sign the Chapter 7 i was told i couldnt include a personal loan?


I thought with voluntary repossession if i filed for bankruptcy 910days after i signed my personal loan i would only have to repay the market value of the car. So the difference after it was auctioned?


What is your understand with voluntary repossession? compared to filing bankruptcy for the car?


What is the easiest way out cost wise?

Customer: replied 4 years ago.

So even though im bankrupt i can file for bankruptcy for the amount owing?


I wouldnt be able to sell my car myself as it would have a cavet on it because the loan is secured by the car........ So who would buy a car with money owing on it?????


So if i hand the car back to them, because im already bankrupt and the loan was signed more than 910days ago, what do i owe them?


The remainder of the loan? (bankruptcy) or the market value of the loan? (voluntary repossession)


Do i have both methods clear? or am i misunderstanding?


& if i hand the car back to them, what right do they have to reposes property "furniture"?(which i dont have ) for the remainder of money owing?


Customer: replied 4 years ago.

Thank you for ur help.


I have one more question... Do we have the 910 rule in Australian law?


If the car is over 30 months(910 days) old the courts will order you to pay the lender the current value of your vehicle, regardless of whether or not your loan balance is higher. You'll negotiate a new repayment plan with your credit to ensure your payments for that amount are manageable.



JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK

Meet The Experts:

  • Deborah Awyzio


    Satisfied Customers:

    Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
< Last | Next >
  • Deborah Awyzio's Avatar

    Deborah Awyzio


    Satisfied Customers:

    Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
  • Sean's Avatar


    Experienced lawyer

    Satisfied Customers:

    Law degree with 1st class honours from Australian National University.
  • JamesG's Avatar



    Satisfied Customers:

    Admitted Lawyer of the Supreme Court of New South Wales. Practising in Victoria.
  • Darren Kruse's Avatar

    Darren Kruse


    Satisfied Customers:

    Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.
  • Brisbane.Lawyer's Avatar



    Satisfied Customers:

    Lawyer of the Federal and High Courts of Australia; Lawyer of the Supreme Court of Qld
  • at Makdap 500x500 pixels.64x64.jpg kmslegalservice's Avatar



    Satisfied Customers:

    I have 15 years legal experience behind me and I graduated from the University of Sydney with First Class Honours in Arts/Law.
  • /img/opt/shirt.png Patrick H.'s Avatar

    Patrick H.


    Satisfied Customers:

    Dip Law LPAB - Sydney based lawyer
Chat Now With A Solicitor
Solicitor and Notary
21398 Satisfied Customers
BEc Dip Ed, Dip Law (SAB) MTax (UNSW)