Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
If you are likely to file for bankruptcy soon, then you may want to consider letting your mom buy a car and you just drive it until your bankruptcy is discharged. Otherwise, you are practically guaranteed to lose it in the bankruptcy process, assuming it has more than $1,000 in equity value (fair market value minus loans).
Hope this helps.
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To clarify, you are suggesting that she buy a car in her name and give us use of the car?
A: I never give advice. I "justanswer" questions about the law. Florida law permits only a $1,000 exemption for a motor vehicle (§ 222.25(1) Fl. Stat.). That makes any car an "attractive" target for a creditor, unless your mom takes out a loan with no money down on the car -- which means that she will be stuck with the payments no matter what.
The fact that she lives in Cal. is not a problem. She can register a vehicle in Fl, if that's where it will be garaged. You can be listed as an additional driver on the insurance policy.
Also to clarify, you are saying there are no circumstances under which a vehicle would be exempt from seizure, to your knowledge?
A: Answered above.