Slaton, TX Bankruptcy Law Firms & Lawyers

Typically you can retain a vehicle when filing a chapter 7 bankruptcy. You will be obligated to continue making your car payments even after filing the bankruptcy if you want to retain your car. As a word of caution, you do not get the choice of including or excluding something from your bankruptcy. You must divulge all of your assets and debts to the court when filing for bankruptcy protection.

Provided you can afford to make the payments and your equity, assuming there is any, in the car fits into one or more of 3 possible exemptions (depending on other facts) you can continue to pay & keep. There may be options such as: redemption, reaffirmation and surrender. Which one makes sense will depend on other facts not disclosed. Please don't rely on answers here in making a decision whether to file for bankruptcy. Even with the information you provided there are other considerations such as income & living expenses, perhaps there are some other assets you haven't even thought as assets, how much in medical debt you have & whether there may be a way to settle the medical debt outside of bankruptcy, etc. and other things to think about in figuring out whether filing bankruptcy makes sense for you and what results you can expect.

In California, most mortgages are resolved by non-judicial foreclosure (sale of the property at auction). By taking that action, the lender does not have a deficiency claim against a co-signer. However, if there was a junior lien (2nd or 3rd) that was eliminated in a foreclosure, they could sue the co-signer. The co-signer should see an attorney so that the facts of this particular matter can be analyzed.