Merkel, TX Bankruptcy Law Firms & Lawyers

You can file bankruptcy any time you want (assuming you are eligible to file under a given chapter). Whether it is "too late" or not depends on what it is you're trying to accomplish, and you don't provide enough information to even begin answering that question. For example, if your goal is to stop the foreclosure sale and use bankruptcy to catch up on the payments, then it is too late to file after the foreclosure sale has taken place. If your goal is to discharge any deficiency you owe under applicable state law after the foreclosure sale, then it's never too late to file, although there can be significant tax consequences depending on when you file your case.  You would need to discuss that with a tax attorney who has bankruptcy experience. 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.  

As long as you keep your payments current on the auto loan the lender cannot repossess it. The issue in bankruptcy will be whether you have any equity in the car, whether the car is worth more than you owe on the loan. You are entitled to a $3,000 "exemption" on the equity in the car. If you have less than $3,000 in equity, then the bankruptcy Trustee will not take an interest in the vehicle. If have more than $3,000 in equity (you have "non-exempt equity") than you can work a deal with the Trustee to pay the Trustee the amount of the non-exempt equity and keep the car.

You should not rely on my advice, it's only an opinion and if I had a chance to look into everything you've said my answer could change. Always get a lawyer to help is my motto because in hindsight, they are cheap! Any personal obligation you have on the property is wiped away, so you do not have to pay for any deficiency. Note, HOA fees are still owed by you until you have left the property AND title has changed. We have a company set up that we deed properties to but assuming you want something quick and cheap maybe you can find someone with bad credit who will gladly accept the property from you? Then deed it to them. You don't have any personal obligations on the house that's why you don't care about the benefits of a deed in lieu.