Question: I need to file bankruptcy and I need to keep my car. I have too much debt and I'm getting harassed by creditors calling me. I'm getting calls from banks asking me about my credit card payments. And I'm getting calls from debt collectors regarding an old loan that I had and regarding some medical debt from when I broke my neck on a ski trip.
I must get called at least 20 times a day. I got called about 3 minutes ago. I try not to answer my phone if I don't know who's calling me. I need to make these debt collectors stop calling me because it's causing anxiety and I'm feeling depressed. I know they're getting ready to sue me because I got a letter from a lawyer wanting money.
But I really need to keep my car so I can get to work, drive my kids to school and see my elderly parents. It's not even a new car. My car is 9 years old and it's not in the best condition. It needs brakes and it has an oil leak.
If I file bankruptcy can I keep my car? I want to bankrupt on all my other debts.
T.J. in Alpharetta, GA
Answer: We get a lot of questions about cars. And yes, you should be able to retain your car when you file for bankruptcy. The vast majority of bankruptcy filers can keep their cars when they file for debt relief. It is well accepted that people need reliable transportation for things like work, school and family obligations.
And it doesn't matter if you file a chapter 7 or a chapter 13, since both allow you to keep your vehicle. We discuss all car-related bankruptcy issues with our clients to ensure that a bankruptcy trustee will not have an issue with their vehicles.
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Attorneys Bill Sherman and Valerie Sherman and the team at the Sherman Law Group will help you navigate the entire bankruptcy system. We proudly serve the entire Atlanta metro area and North Georgia.