Asked in Bankruptcy for Virginia

Q: Can I claim a car on bankruptcy that someone else purchased for me, but I am making the payments?

My mother purchased an automobile for me because my credit was bad. That car is in her name, but I am making the payments monthly. Can I claim the car in a bankruptcy?

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3 Lawyer Answers
Robert Jason De Groot
Robert Jason De Groot
Answered
  • Bankruptcy Lawyer
  • Deltona, FL

A: Apparently, you can claim up to $6,000 in a vehicle as being exempt. I got this by doing a simple internet search for exemptions in VA.

Kevin W. Chern Esq.
Kevin W. Chern Esq.
Answered
  • Bankruptcy Lawyer
  • Chicago, IL

A: Your question isn't entirely clear, but if you're asking whether you can discharge someone else's debt in bankruptcy, the answer is no. If you're considering bankruptcy, you should speak with a bankruptcy attorney in your area before taking any action, as you're in a potentially complicated situation which, if not handled correctly, could result in your mother being obligated on the loan while you are prevented from making payments.

*Kevin Chern is Managing Partner of UpRight Law, a national law firm with licensed attorneys providing bankruptcy and consumer legal services in all 50 states. He is an Illinois licensed attorney with 21 years of federal consumer bankruptcy and consumer protection law experience. This response is for informational purposes only and is not intended to be legal advice. For legal advice, consult an attorney licensed in your state with the appropriate expertise.

Christopher Kern
Christopher Kern
Answered
  • Bankruptcy Lawyer
  • Mobile, AL

A: It depends what you mean by "claim a car on bankruptcy." If you are making the payments, but the debt is another person's name, your bankruptcy will not affect the debt. If the car it titled in your name, it is a protected asset and your bankruptcy will keep it from being repossessed, at least until the creditor asks for court permission to repossess it. Because I am not sure what you are asking, you should seek additional advice.

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