San Luis Obispo, CA Bankruptcy Law Firms & Lawyers

There are exemptions for real and personal property when someone files for Bankruptcy. As long as the camper is not worth more than the allowed exemption, a trustee cannot sell the camper for the benefit of your unsecured creditors. Your 1986 camper, in all likelihood, will fall within the allowed exemptions so that you will be able to keep it. You should consult an experienced Bankruptcy attorney to go through the value of all of your assets so that appropriate exemption planning can be done on your behalf. Go see a solo practitioner or small Bankruptcy firm with a good reputation. Stay away from the larger Bankruptcy mill type firms that boast about the number of cases they have filed. You will ultimately get much better service and result if you stay away from these types of firms.

Only a limited number of debts are not dischargeable in a bankruptcy case; such as taxes, student loans, fines, child support, etc. However, if an entity can prove fraud was a factor in a debt, then the court "might" not discharge that debt. If a court has already found that the debt is not owed, then you can use that judgment to help prove that the debt should also be discharged in bankruptcy court; but you may have to prove again that you were entitled to the benefits if the creditor objects to the discharge of the debt. Normally, the courts are fairly liberal in discharging such debts when no fraud exists, but every case is different and one missing fact may cause a different result, so I suggest that you contact an attorney to discuss this matter in detail. My assessment of this situation does not create an attorney/client relationship and this is not to be considered advice because my answer is based upon a generalized question of law and only a complete review of all the facts and documents could result in an educated response.

If you purchased the car after the bankruptcy was filed you will be responsible for any deficiency owing on the car if you return it. Post petition debts are not discharged in a bankruptcy.