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Determing Value of Automobile in Bankruptcy

Date: Mon, 09/28/2009 - 17:20

Submitted by anonymous
on Mon, 09/28/2009 - 17:20

Posts: 202330 Credits: [Donate]

Total Replies: 1


Does anyone know if there is a particular guideline that trustees follow to determine the value of a car in bankruptcy? I could arguably come up with multiple values for the same automobile, depending whether I use the retail value, the wholesale value, or the auction value....and there may be other values to be considered. Since the means test uses IRS values for determining living expenses, one would think trustees would be required to use IRS methods for determining the value of assets like automobiles, but I don't think that is the case, but I am not sure about it. Does anyone know or have any experience with it?

I ask the question because I live in California and am looking at a chapter 7 bankruptcy. I do not owe any money on my car, which has a retail value of somewhere between $6,000.00 and $7,000.00. The wholesale value is about $4,000.00 and I imagine the auction value is somewhat lower. I believe the CA exemption is $2900.00. We want to keep the car, so I need to have a plan. I either need to borrow money, using the car for collateral, before the bankruptcy, or buy it from the trustee after the bankruptcy. I think it will be less expensive to borrow money, but I am not sure. There are many problems involved with either plan and I need to be careful to not tell too much to an attorney. If I borrow money, I have to spend it on something that the court will not take back (I am think of getting my teeth fixed in Tijuana). I am open to suggestions.


I filed chapter 7 and I have a car that is paid for as well. I think you are allowed to have one car. I'm confused about the hole borrow the money against the car thing. Did your attorney tell you to do this or is it something you think you need to do. As far as listing the value I think they want to know how much you would sell it for if you were to sell it. Just like where you have to list your personal things such as clothes ect. you list them at yard sale value. I don't think they do this to take what you have for collateral. I think they do it so your not riding around in a $100,000.00 car and then file bankruptcy. Ask your attorney about a homestead deed as well it is to protect things like your life insurance money ect. Now don't take what happened with me to be what you go by it may be different in your state. It is best to talk to your attorney thats what they are for. And I don't think I would try and get a loan anyway. That could look bad on you They could say you are filing bankruptcy but you are still taking on more debt. Just my opinion.


lrhall41

Submitted by mom258 on Mon, 10/19/2009 - 18:07

( Posts: 17 | Credits: )