Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Who paid for the car?
Does your son live with you?
If not, is the car located at your residence or your son's residence?
You and your husband are each allowed to keep one car with up to $1000 equity each. (Equity is the market value minus the car loan - if any.)
Unless it can be proved otherwise, one half of the value of a car is deemed to be owned by each co-owner.
This means that if the car in question has more than $2,000 equity ($1,000 for you, and $1,000 for your son), the car can be sold to pay creditors.
If your son paid for the car, the equity belongs to him, and the Bankruptcy court cannot take the car.
If both of you paid, you would have to figure out the percentage that each paid, and assign the equity accordingly.
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