Automobiles and Bankruptcy

by Rebecca Martyn on July 7, 2006

New legislation was recently passed dealing with the equity in an automobile in a bankruptcy. Prior to June 22, 2006, an automobile was exempt from seizure if its value was greater than $5,650. For example, if the car was valued at $5,000 it was not seized by the trustee, but if it was worth $5,651 it was seized by the bankruptcy or the bankrupt had to pay the trustee the value of $5,651.

Under the new legislation, the first $5,650 is exempt from seizure. For example, if the car is valued at $5,651, the bankrupt person has to pay the difference of $1 ($5,651-$5,650) to the trustee.

This new wording will help people filing bankruptcy to keep their car, and help them get a fresh start.

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