LegalMatch Free Legal Advice Forums     
Find A Lawyer Now!
Legal Forum

Go Back   LegalMatch Free Legal Advice Forums > Bankruptcy Law, Banking and Credit Law Forum > Bankruptcy
User Name
Password Register
FAQ Members List Calendar Search Today's Posts Mark Forums Read


Find a Lawyer Now By Category:
Family & Divorce Criminal Defense Job & Employment Personal Injury
Real Estate Lawyers Immigration Business Lawyers Other Lawyers
Be assured that LegalMatch is Fast, Free and Confidential
Not Ready To Hire an Expert Lawyer? Get Online Legal Documents
Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 05-11-2008, 10:25 PM
Junior Member
 
Join Date: May 2008
Posts: 1
Default HELP!Bankruptcy coming!Bought a used cheap car..can i put my name on the title?!

Hi!!
We will be filing for bankruptcy really soon.
I have to give my nice car back this week since i can't afford payments every month which is 700$ monthly+insurance.

I got a used car..really cheap one..paid 700$ for it..
And i don't know if i should put my name on the title or my friend's.
The question -will i be able to keep this little car when filing for bankruptcy ?will it be exemped?What are the exemption laws of the State of Colorado..
I have 2 children and won't be able to survive without a car..
Please help..
Reply With Quote
  #2 (permalink)  
Old 05-12-2008, 05:16 AM
Senior Member
 
Join Date: Nov 2006
Posts: 1,405
Send a message via AIM to GentleGrace
Default

Quote:
Originally Posted by Ekaterina View Post
Hi!!
We will be filing for bankruptcy really soon.
I have to give my nice car back this week since i can't afford payments every month which is 700$ monthly+insurance.

I got a used car..really cheap one..paid 700$ for it..
And i don't know if i should put my name on the title or my friend's.
The question -will i be able to keep this little car when filing for bankruptcy ?will it be exemped?What are the exemption laws of the State of Colorado..
I have 2 children and won't be able to survive without a car..
Please help..


My personal feeling is that it would have to be declared ( any purchases within a certain time frame immediately before the filing of bankruptcy ). This doesn't mean it would be forfeited, but I wouldn't put it in someone else's name. That means you would be most definitely lying--and the court clearly isn't stupid. They have seen every proverbial trick in the book.

That being said, I cannot imagine it being worth the courts time to repossess a $700 car, especially one with no lien. The court isn't in the business of taking your livelihood so you cannot work. They are merely trying to recoup money you rightfully owe your creditors. The car very well may not be in jeopardy---but I wouldn't advise putting it in someone else's name ( hiding assets--regardless of how inexpensive they may be, is not legal)--especially if there is a paper trial---like you paid for the car by check, or you already have the vehicle in your name, and suddenly it is transferred a few days or weeks after you purchased it, etc. These are all red flags the courts are *very* good at finding.

I would consult with a bankruptcy attorney in your area. The only thing worse than losing a car in bankruptcy is doing something illegal to keep it. The bankruptcy laws are complex and are changing constantly. The only way to protect your interest is to consult with an attorney well versed in the same. He (or she ) can keep you from making costly as well as perhaps illegal errors that could cost you so much more than a $700 car.
Reply With Quote
  #3 (permalink)  
Old 05-17-2008, 10:09 PM
Senior Member
 
Join Date: Nov 2006
Posts: 456
Default

Quote:
Originally Posted by Ekaterina View Post
Hi!!
We will be filing for bankruptcy really soon.
I have to give my nice car back this week since i can't afford payments every month which is 700$ monthly+insurance.

I got a used car..really cheap one..paid 700$ for it..
And i don't know if i should put my name on the title or my friend's.
The question -will i be able to keep this little car when filing for bankruptcy ?will it be exemped?What are the exemption laws of the State of Colorado..
I have 2 children and won't be able to survive without a car..
Please help..

Contact a bankruptcy attorney in your area. Different jurisdictions have differing definitions of the assets that can be included in a bankruptcy. Generally, I believe work vehicles valued at or less than $3000 can be claimed as a personal property exemption but again, I can't stress strongly enough that you at least consult with a BK attorney in your area. I'd also as strongly suggest you attempt to hide nothing, i.e. title a vehicle in someone else's name; the courts don't look kindly on those who attempt to mislead.

I've forwarded a strictly informational link via private message above; this is only a summary, and not to be used in legal decisions. Hopefully, it'll help form the questions you need to ask during that prelim consultation. If already have an attorney, I'd suggest you make certain to go over your schedule of assets well ahead of time. Hopefully it's not too late to make sure that vehicle can be included correctly. (An opinion here, not to be construed as legal advice.)

Good luck.
Reply With Quote
Reply


Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On




All times are GMT -7. The time now is 12:51 PM.

Find Lawyers | Family & Child Custody Lawyers | Divorce Lawyers | Criminal Defense Lawyers
Job & Employment Lawyers | Personal Injury Lawyers | Real Estate Lawyers | Business Lawyers
Immigration Lawyers | Bankruptcy Lawyers | Estate Planning Lawyers | DUI-DWI Lawyers

Marketing for Attorneys | Websites for Attorneys | Law Firm Financing
LegalMatch Reviews | LegalMatch Forums | LegalMatch Family Lawyers | LegalMatch PR
LegalMatch in Austin | LegalMatch Life | LegalMatch Affiliate Program


Powered by vBulletin® Version 3.6.4
Copyright ©2000 - 2008, Jelsoft Enterprises Ltd.
SEO by vBSEO 3.1.0
Copyright ©1999-2008 LegalMatch. All rights reserved. LegalMatch®, the LegalMatch
logo, and the tradedress are trademarks of LegalMatch. Patents Pending.