Posts Tagged ‘car repossession’

Arizona Bankruptcy Attorney Discusses Recent Supreme Court Decision: When Good Financial Advice is Poor Bankruptcy Planning

Thursday, January 13th, 2011

A recent US Supreme Court Ruling in the Ransom case, showed that 8 of our 9 Supreme Court Judges lack the common financial sense to reward good financial planning through our bankruptcy laws. Specifically, the United States Supreme Court has ruled 8-1 that the vehicle ownership expenses allowed under bankruptcy laws are only available to debtors who have a vehicle on which they are making payments.

In other words, if a debtor has wisely paid off his vehicle, and has no present payments, such a debtor is first penalized in that any equity above $5,000.00 in the vehicle must be turned over to the Trustee to be paid out to the creditors. This new case further penalizes such a debtor, preventing him from claiming vehicle ownership expenses, as he is not making a monthly debts payment. This decreases the debtors expenses, and in a Chapter 13 case this has the effect of increasing the amount that must be paid each month into the plan (and paid out to the creditors).

Any person who has ever paid off a car, understands that an older paid off car is not necessarily free of additional costs. Older cars require more maintenance. Older cars will require more repairs. However, no credit is given for this reality. Justice Scalia, the lone hold out in the 8-1 opinion, pointed out that a debtor could go out and purchase a $50 car, and so long as he put it on payments (such as $1.00 a month for 50 months), the debtor would be able to take the full allotment for vehicle expenses which significantly exceeds the $1.00 per month to be paid for the vehicle.

Accordingly, while wise financial planning would encourage bankrupt debtors to be frugal and to make the car they have last a few more years, wise bankruptcy planning may now often encourage a bankrupt debtor to go out and purchase a new vehicle shortly before filing for bankruptcy and by so doing reduce what he is required under the law to pay out to his creditors.

Each case must be analyzed separately and needs to be based upon the financial factors of each individual person. If you are contemplating bankruptcy, do not necessarily go out and purchase a new vehicle just yet, but I would encourage you to come and meet with a bankruptcy attorney at McGuire Gardner, PLLC (Call 800 899 2730) for your free initial consumer bankruptcy consultation. While we cannot encourage you to incur debt before filing for bankruptcy, we can discuss with you the pros and cons and the results of purchasing another vehicle or going into the bankruptcy with the vehicle you may have already paid off.

For more information, please visit our websites:

www.mcguiregardner.com or

www.bankruptcylawyeraz.com

Should I File For Bankruptcy Before My Car Is Repossessed?

Tuesday, June 15th, 2010

Should I File For Bankruptcy Before My Car Is Repossessed?

For many people struggling with their finances, the threat of losing a vehicle through repossession may be the final straw that drives them to discuss their case with a bankruptcy attorney.

Vehicles that are repossessed without a bankruptcy being filed, typically result in the vehicle being sold, and the lender then continuing to try to collect against the former owner for the “deficiency” which is the amount owed after providing credit for the amount that the vehicle sold for.  Because of the tacked on attorneys fees and repossession fees, in many cases the amount owed is close to what was owed before the vehicle was repossessed.

Bankruptcy can help.  By filing bankruptcy, whether before or after the vehicle is repossessed or voluntarily turned back over to the lender, this deficiency or potential remaining debt on the vehicle can be included in the bankruptcy and discharged (eliminated) along with the other debts that a person may have.

An advantage of filing for bankruptcy before the repossession is that doing so will slow down the repossession until the creditor receives permission from the Court to pursue the repossession.  Generally, repossessions after filing bankruptcy are coordinated and scheduled ahead of time rather than having your vehicle just disappear when you least expect it.

If you are struggling with debt, and you are concerned about possibly having a vehicle repossessed, please call us for a free bankruptcy consultation.

For more information, or to register for one of our free bankruptcy seminars, please visit www.mcguiregardner.com or www.freearizonabankruptcyseminar.com

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