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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2900
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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If i file for bankcuptcy, will they reposses all the items

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If i file for bankcuptcy, will they reposses all the items that i bought from my credit cards.And what about my secured car loan,will they take also the car? I have $8000 on my car loan,$10,000 on my credit card and $4000 on my personal loan which i have to pay $352. a month on my checking account.I cannot pay all of this every month.Do you think that i have to file bankcruptcy.Can you advice me what to do....thank you
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 8 years ago.
Generally no. You have to disclose all assets to the court in your petition. Each state has exemptions to protect some household items. Unless you bought a lot of really expensive stuff, you'll normally be able to keep them. Now, if you were buying big ticket items on a store account, say jewelry, big screen TV, appliance, and were on a payment plan with them, this is usually called a secured debt. To keep these items in bankruptcy, you can agree to pay for them, usually the current fair market value. You would sign a document called a reaffirmation agreement, and agree to pay in order to keep these items. If you bought items on a visa/mastercard then they will be considered unsecured, and will be discharged in a chapter 7. You can choose to reaffirm the car note as well, just stay current on the payments and insurance. There is an option where you can buy the car for the fair market value, and discharge the rest, this is called redemption. There are companies out there who can finance that buyout. Talk to your local bankruptcy attorney about these different options. Good Luck.
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