Login|Contact Us
Question and Answer

Bankruptcy Law

Ask a Bankruptcy Law Question, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

Hi: We are filling for bankruptcy. I could not afford an

 
grantlawpc's Avatar
  • Answered by:grantlawpc
  • Attorney
  • Positive Feedback: 95.2 %
  • Accepted Answers: 23
Verified Expert
in Bankruptcy Law

Customer Question

Hi:
We are filling for bankruptcy. I could not afford an attorney at $3500.00 so I filled out all of our paperwork ourselves. The only problem I was having is the Schedule C - Property Claimed as Exempt. I put our household goods, wearing apparel, animals, books etc. The only thing I didn't know what to do with is a Crysler Van which we owe the bank $3400.00 and a motorcycle which we owe a finance company around $6,000.00. There is no equity in these items but I don't want them to take them away if I don't put it on our schedule C.
Bankruptcy court has advised the bank about our chrysler van and Wells Fargo has sent us reaffirmation agreement but for the motorcyle I don't think the finance company was noticed. I saw something about that they don't allow more than 2400.00 for a vehicle???

 

Optional Information:
State/Country relating to question: Connecticut

Submitted: 327 days and 4 hours ago.
Category: Bankruptcy Law
Value: $25
Status: CLOSED
Picture
Expert:  grantlawpc replied327 days and 4 hours ago.

The first thing you need to know about the exemptions is that you have a choice of which set of exemptions to use. You can use the federal exemptions that are laid out in the Bankruptcy Code, or you can elect to use your state exemptions (I presume Connecticut). In Texas, Debtors use the State exemptions the majority of the time. You should Google the Connecticut exemptions (someone will have a list) and see if they are better or worse in your case.

Second, keep in mind that Chapter 7 only discharges unsecured debt. So the Chapter 7 doesn't keep the bank from foreclosing on the house or the car company from ultimately repossessing the car if you aren't current. However, if there was a foreclosure, the bankruptcy does discharge your liability for any deficiency on the debt. If your primary purpose of the bankruptcy was to save the house/car and you can't work out a deal with the bank, you'd probably need a Chapter 13.

With respect to the van and motorcycle, if there is no equity in them, it really doesn't matter if they are on Schedule C because your are really only exempting the "equity" in the car. Note that the Schedule C asks you to indicate the "value of the claimed exemption" the property. "the value of the exemption" is just the equity. However, to be safe, list the car/motorcycle on Schedule C and take your best guess as to what the equity value is.

However, remember that listing it on Schedule C does not protect it from the bank.

As to the reaffirmation agreement, those are tricky. Generally, I never recommend clients to sign them. Especially if there is a possible deficiency. Usually they just get away with continuing to make the monthly payments. The one exception is that some banks say that they will foreclose if they don't get a reaffirmation agreement, regardless of whether you are making payments. The argument is that there is no payout agreement because of the discharge and the whole debt becomes due (as to the collateral only) and they can immediately foreclose. Most banks don't do that though.

With respect to the $2,400 for a vehicle, that only refers (under the federal exemption) to the value of your equity in the car (the difference between its value and the debt) -- by the way (it's $3,450 under 11 USC 522(d)(2)) You also have a "catchall" exemption of $10,825 if you haven't used it for your house.

Generally, I would say list it all on your Schedule C, keep making your payments on the house/car and you'll be fine on this issue.

Sorry for all the words, did that answer your question?

Customer replied327 days and 4 hours ago.

Good advice. I don't have a house and I am not deficient on my vehicles so I think I'll be ok. Now, value of claimed exemption means how much I owe on the car? Current value of Property is what it worth? right?

Picture
Expert:  grantlawpc replied327 days and 4 hours ago.

The value of the claimed exemption is the value of the car, less what you owe on it. (The equity in the car). It's the amount you would get if you sold the car and paid of the bank. From what you were saying, you owe more than the car's worth. Thank makes the equity in the $0 and the value of claimed exemption is also $0. However, put $3,450 on the Schedule C anyway just in case your opinion is wrong.

Yes, Current Value of Property is what it's worth.

Let me know if you need anything else! Good luck!

Customer replied327 days and 3 hours ago.

One more question. Schedule B - Personal Property. I listed the household goods (current Value of Debtor's interest in property) at $1000.00. That is why on Schedule C, I thought the totals have to match, in other words I put Value of Claimed exemption at $1000.00 also but Current Value of Property I wanted to put around $500.00 because that is what it is probably worth. Am I right to do that? Same with Wearing apparel etc, etc.

Accepted Answer

Picture
Expert:  grantlawpc replied327 days and 3 hours ago.

Yes, that is appropriate.

The only theoretical issue is that if you valued something at $1,000, put it on Schedule C as $1,000, the Trustee (for whatever reason) got hyper-aggressive and sold the item for $10,000, you'd only get the $1,000 as "exempt"

Just make sure your valuation is correct and use the value in both places. Use garage sale/craigslist value for household stuff.

But, you're on track with your gut feel.

Expert TypeAttorney
Category: Bankruptcy Law
Pos. Feedback: 95.2 %
Accepts: 23
Answered: 6/30/2012

Experience: United States Bankruptcy Code: Chapter 11 Business Attorney; Restructuring and Recoveries

Ask this Expert a Question >
 
Tweet

7 Bankruptcy Lawyers are Online Right Now

Ask Your Question Now
Bankruptcy Law Questions Date Submitted
My bank told me that they are second mortgage lien on my house 5/13/2013
If a debtor who is filing a chapter 7 BK wishes to purchase 5/8/2013
Is there a lawyer or expert in bankruptcy law who could explain 5/7/2013
My ex-husband is renewing a chapter 13 bankruptcy. He owes 4/30/2013
I have home. Loan $135,000. Zillow show $163,000. I do hace 4/29/2013
California Corporation $20MM+ Sales. Problems include founder 4/26/2013
Trying to figure out if I should file bankruptcy. I have a 4/26/2013
I do have home and Equity about $25,000 and I have cars $15,000 4/26/2013
I am currently in chapter 13. I filed in March 2012 and was 4/25/2013
Chapter 7 Bankruptcy in Washington State Do I have the option 4/25/2013
RSS
Next 10 >
Ask A Bankruptcy Lawyer
Type Your Bankruptcy Law Question Here...
characters left:

Top Bankruptcy Law Experts

See More Bankruptcy Lawyers

JustAnswer in the News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
 
 
 

Recent Articles in Bankruptcy Law

  • Bankruptcy and Credit Card Debt Law
  • Questions about Landlord and Bankruptcy
  • Writ of Replevin Questions
  • Civil Judgment Questions
  • Questions about Personal Guarantee Law
  • Bankruptcy and Overdraft Laws
  • Entry of Default Questions
  • Questions about Spendthrift Provision
  • Bankruptcy and Gifts
  • Writ of Possession Questions
All Bankruptcy Law Articles
 
 
 

Ask a Bankruptcy Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
198 Bankruptcy Lawyers are Online Now
Type Your Bankruptcy Law Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us | Our Network
© 2003-2013 JustAnswer LLC
  • Pearl.com
  • JustAnswer UK
  • JustAnswer Germany
  • JustAnswer Spanish
  • JustAnswer Japan