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Question about bankruptcy and keeping my car (financed through Capital One).

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Anonymous
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Question about bankruptcy and keeping my car (financed through Capital One).

 Hello everyone. I have a question about bankruptcy and keeping my car (financed through Capital One). The car is my only one so its my transportation. I want to keep it and just keep paying on it. But I read in a couple forums here that it depends on the bank, and also if the judge allows it if it wont be too much of a financial burden to keep. And if your are upside down or not as far as its worth. In my case I owe about 11,900 and it blue books private party for 11,500. Im not sure how much of this is true, or applies to me so I thought asking wouldnt hurt. It will most likely be Chapter 7. My only income is social security disability, and my monthly car payment is about 23% of what I get each month. But thankfully I dont have any other expenses other than car insurance, my cell phone bill, and a bi-monthly $150 doctor appointment. (not counting the credit and store cards that I will be filing for). So what I am trying to figure out is this. Will I know before finalizing the BK whether or not I will be able to keep the car? Or will I have to fully file, then just see what the bank and/ or judge says? Basically I dont want to lose the car and just want to make sure Ill be able to keep it and keep paying for it if I do I file the Chapter 7. Thanks for the help.

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Anonymous
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Re: Question about bankruptcy and keeping my car (financed through Capital One).

A bankruptcy attorney would definitely be able to tell you for sure if you can keep your car.  In my opinion it shouldn't be a problem, as long as the payments are within reason.  

When my spouse and I filed chapter 7 we had two cars one we owned and one that was financed through wells fargo, we were able to keep both cars.  The one we had financed was similiar to your situation where we owned just about what it was worth so we reaffirmed the loan, however that doesn't always make sense.  I would schedule a consultation with a bk lawyer and they will be able to give you a better idea of where you stand before filing. Good luck!

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