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?

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3 Lawyer Answers

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.

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.

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.

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