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Personal Bankruptcy Laws For Dummies, 2nd Edition
Bankruptcy's Automobile Exemption
Adapted From: Personal Bankruptcy Laws For Dummies, 2nd Edition

Most states allow debtors to exempt at least one motor vehicle, but the amount of the exemption is limited. The federal exemption scheme allows each debtor to claim $2,775 in a motor vehicle.

Whenever the equity in your car exceeds your total exemption, a Chapter 7 trustee can sell the car and pay you the value of your exemption.

For example, when your motor vehicle exemption is $1,500, and your car is worth $2,500, the trustee can sell your car but has to pay you $1,500. You're usually given the opportunity to keep your car by paying the net amount that the trustee would receive from selling the vehicle.

In a Chapter 13 bankruptcy, the trustee can't sell the car, but you'd have to pay the amount of nonexempt equity ($1,000 in the previous example) over the life of the bankruptcy plan.

You may also be able to claim an exemption for your motor vehicle as a tool of the trade -- if that's what it is. For example, a professional driver's semi rig is likely to qualify, and a specifically modified pickup truck used by a carpenter probably fits the fill. But you're really pushing your luck if you try for an exemption on the sports car that you use to impress your sales clients.


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