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AV Preeminent Peer Rated Attorneys
Fate Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Fate Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
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Commonly Asked Bankruptcy Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Should I file for bankruptcy if I am back on a loan?

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Answered by attorney Sanaz Sarah Bereliani (Unclaimed Profile)
Bankruptcy lawyer at Bereliani Law Firm, PC
To get the facts straight it sounds like your parents lent you money and you put this in a written agreement whereby you put the car as collateral, however, you never followed up with transferring registration to their name or taking any steps via DMV to show they have a lien on the vehicle? If that's correct, then youre parents have a lien on your car and your car will have less or no equity that needs protecting. The correct step would've been to take care of the transfer simultaneous to when you received the money as that would make it a valid transaction. At this point, it is a little late but I think it should be fine for you to fill out paperwork with DMV showing they have a lien on your vehicle. The Trustee may question the validity of this, wondering you're trying to hide assets, but if you can show that you've been making regular monthly payments to your parents as lien holders and you're treating them at arms length like any other creditor and are not 'preferring' them to any of your other creditors, then you're fine. The issue becomes if they feel like you are preferring family/friend creditors over other creditors or that you're transferring title to the car just to protect an asset and that there is no legit loan. As long as you can prove that there was a secured lien you're fine.
To get the facts straight it sounds like your parents lent you money and you put this in a written agreement whereby you put the car as collateral, however, you never followed up with transferring registration to their name or taking any steps via DMV to show they have a lien on the vehicle? If that's correct, then youre parents have a lien on your car and your car will have less or no equity that needs protecting. The correct step would've been to take care of the transfer simultaneous to when you received the money as that would make it a valid transaction. At this point, it is a little late but I think it should be fine for you to fill out paperwork with DMV showing they have a lien on your vehicle. The Trustee may question the validity of this, wondering you're trying to hide assets, but if you can show that you've been making regular monthly payments to your parents as lien holders and you're treating them at arms length like any other creditor and are not 'preferring' them to any of your other creditors, then you're fine. The issue becomes if they feel like you are preferring family/friend creditors over other creditors or that you're transferring title to the car just to protect an asset and that there is no legit loan. As long as you can prove that there was a secured lien you're fine.
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Should i file for bankruptcy?

Answered by attorney Mark J Markus
Bankruptcy lawyer at Law Office of Mark J. Markus
A chargeoff is merely a bookkeeping entry.  It has nothing to do with whether or not you still owe a debt, or whether the creditor can take collections actions on it. Student loans are generally not dischargeable in bankruptcy.   You can seek an "undue hardship" discharge of the student loans by filing a complaint in your bankruptcy case, but the criteria you need to prove for this is very difficult. There are also non-bankruptcy alternatives, such as doing income-based repayment plans, but you have to get your loans out of default first in order to take advantage of such programs. I suggest having a consultation with a bankruptcy attorney in your area who is experienced with student loan litigation, to evaluate your options more fully. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  
A chargeoff is merely a bookkeeping entry.  It has nothing to do with whether or not you still owe a debt, or whether the creditor can take collections actions on it. Student loans are generally not dischargeable in bankruptcy.   You can seek an "undue hardship" discharge of the student loans by filing a complaint in your bankruptcy case, but the criteria you need to prove for this is very difficult. There are also non-bankruptcy alternatives, such as doing income-based repayment plans, but you have to get your loans out of default first in order to take advantage of such programs. I suggest having a consultation with a bankruptcy attorney in your area who is experienced with student loan litigation, to evaluate your options more fully. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  
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What happens with reposession after Chapter 13 bankruptcy?

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Answered by attorney William Monroe Rubendall (Unclaimed Profile)
Bankruptcy lawyer at William Rubendall Attorney at Law
Why is your car being repossessed while you are under chapter 13 protection? The debt should be covered by the plan. If the car is repossessed any deficiency would be paid by an amended claim being files as an unsecured debt. Consult with an attorney as to the specific facts of your case.
Why is your car being repossessed while you are under chapter 13 protection? The debt should be covered by the plan. If the car is repossessed any deficiency would be paid by an amended claim being files as an unsecured debt. Consult with an attorney as to the specific facts of your case.
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