Question

Can a stolen car be included in a bankruptcy file?

My car was taken from me and it wasn't fully paid yet. I was forced to still make payments on it. Can I include this in my file so that I don't have to make payments on it every month?
Share |

LawQA.com Answer Library

Answered By: Law Offices of Joseph A. Mannis
Yes, but be ready to provide copy of police report if they don't already have it.

Answer Applies to: California
Replied: 10/19/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Eranthe Law Firm
Yes. Everything must be included in your filing. These payments are for unsecured debt and in the absence of fraud it will be discharged when your bankruptcy is completed. If you have any non exempt assets some payments may be made in the bankruptcy case.

Answer Applies to: California
Replied: 10/19/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Bankruptcy Law office of Bill Rubendall
If your car was stolen and you owed money to a lender the balance can be discharged in bankruptcy.

Answer Applies to: California
Replied: 10/19/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Carballo Law Offices
That may a problem because you were supposed to have the car insured for damage and theft as a condition of the loan contract. Since you cannot return the vehicle then the creditor might object to the discharge of the debt. You need to hire a lawyer to handle your bankruptcy and advise you as to how to handle this potential problem in your bankruptcy case.

Answer Applies to: California
Replied: 10/19/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Harry L Styron
In filing, you would list the car as an asset and the financing as a secured debt. Then you would no longer have any personal obligation for the debt, and the creditor would be left to repossess the car, if they can.

Answer Applies to: California
Replied: 10/19/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Janet A. Lawson Bankruptcy Attorney
Yes, you can include that in your bankruptcy.

Answer Applies to: California
Replied: 10/18/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of Robert P. Taylor
Yes, you can. This is assuming you didn't arrange to have it stolen.

Answer Applies to: California
Replied: 10/18/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Schreiber Law Firm
Yes, it can be included.

Answer Applies to: California
Replied: 10/18/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Judith A. Runyon, Esq. Attorney at Law
You have to include all debt in a bankruptcy.

Answer Applies to: California
Replied: 10/18/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Eliza Ghanooni, Attorney at Law
Yes, as long as the company who financed the car does not accuse you of being involved in the car theft then you should be able to get rid of this debt in a bankruptcy.

Answer Applies to: California
Replied: 10/18/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

More Questions on Bankruptcy


Ask Questions

Ask a local attorney a question for FREE.

Free Answers

FREE answer from a local attorney.

100% Anonymous

Your email is only used to send answers to you.

Ask Your Own Question

Free Legal Questions & Answers

This site is an exclusive listing brought to you by LawQA and is a form of advertisement. To visit the official website of this attorney please click here.