Stockton, CA asked in Bankruptcy and Lemon Law for California

Q: Will bankruptcy affect my lemon law case if I include the vehicle the case is for in the bankruptcy?

Related Topics:
3 Lawyer Answers
Harlene Miller
Harlene Miller
Answered
  • Bankruptcy Lawyer
  • Irvine, CA
  • Licensed in California

A: If you filed a chapter 7, your lemon law case is an asset that must be listed in Schedule B. The vehicle itself is also an asset and must be listed in that schedule as well. Hopefully, you have a bankruptcy attorney that is assisting you with your case who can advise you regarding the related issues. If you do not have an attorney, I urge you to seek legal advice from an experienced bankruptcy attorney in your area immediately. If you have not filed the case yet, meet with a bankruptcy attorney who can explain the issues for you before filing the case.

Leon Bayer
Leon Bayer
Answered
  • Bankruptcy Lawyer
  • Long Beach, CA
  • Licensed in California

A: The law requires you to include all assets, including claims that you have, such as your lemon law case, include all assets, such as your car, and include all debts, such as a car loan. You have no choice in the matter.

However, the effect that a bankruptcy will have on such matters depends on the situation in your actual case. It might have no effect, or it might have a detrimental effect. The best way to find out is to have a personal consultation with an experienced bankruptcy lawyer to find out. Most lawyers will give you a free consultation, so there should be nothing to hold you back from getting the advice that you need. Good luck.

Theodore Allan Greene
Theodore Allan Greene
Answered
  • Bankruptcy Lawyer
  • Sacramento, CA
  • Licensed in California

A: You should consult with an experienced Bankruptcy attorney to discuss your situation. There are many possible scenarios that we cannot begin to analyze in this forum but an experienced Bankruptcy attorney can answer all your questions based on your unique situation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.