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Filing for Chapter 7 bankruptcy in New Jersey can provide relief from overwhelming debt, but many individuals worry about whether they can keep their car during the process. The answer depends on several factors, including the value of the vehicle, available exemptions, and any outstanding loan balance.
When you file for Chapter 7 bankruptcy, most of your assets become part of the bankruptcy estate. However, New Jersey allows debtors to protect certain property through exemptions. You can choose between federal and state exemptions, and in many cases, exemptions can be applied to your car to help you keep it.
If you are still making payments on your car, you will need to decide whether to reaffirm the loan, redeem the vehicle, or surrender it:
If your car’s equity falls within the applicable exemption limit and you are current on your loan (if applicable), you should be able to keep your vehicle. However, if the equity exceeds exemptions or the loan is unaffordable, alternatives such as reaffirmation or redemption may be necessary.
At Carroll Law Firm, P.C., we assist New Jersey residents in navigating the bankruptcy process and protecting their assets. If you are considering Chapter 7 bankruptcy and want to understand your options for keeping your car, contact us for legal guidance.
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Disclaimer: We are a federally designated debt relief agency. We help people file for relief under the United States Bankruptcy Code. We are a federally designated debt relief agency. We help people file for relief under the United States Bankruptcy Code. Before making your choice of attorney, you should give this matter careful thought. The selection of an attorney is an important decision. If this information is inaccurate or misleading, report same to the Committee on Attorney Advertising, Hughes Justice Complex, P.O. Box 037, Trenton, New Jersey 08625.
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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