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For many individuals in Miami-Dade County, a car is essential for work, family responsibilities, and daily life. If you are considering filing for Chapter 7 bankruptcy, you may be wondering whether you can keep your vehicle. The answer depends on several factors, including Florida’s exemption laws, the status of your car loan, and the amount of equity in your vehicle.
Florida bankruptcy law allows filers to protect certain assets through exemptions. The state provides a motor vehicle exemption of up to $1,000 in equity. If you do not claim a homestead exemption, you may be eligible for an additional $4,000 wildcard exemption, which can be applied toward your car.
If your car’s equity falls within these exemption limits, you can typically keep your vehicle. However, if the equity exceeds the exemption amount, the bankruptcy trustee may sell the car and distribute the non-exempt portion to creditors.
If you are still making payments on your car loan, you will need to decide whether to:
Every bankruptcy case is unique, and there are strategies to help protect your car while obtaining debt relief. At Bankruptcy Lawyers Miami, we assist Miami-Dade County residents in navigating the Chapter 7 process and determining the best course of action for keeping essential assets like their vehicles. If you are concerned about losing your car in bankruptcy, consulting with a bankruptcy attorney can help you explore all available options.
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Disclaimer: We are a debt relief agency. We are attorneys who help people file for bankruptcy relief under the bankruptcy code.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
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