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I don't know about California, but if you filed bankruptcy, you do have to answer to a Judge as to your actions, the non-payment, and/or concealment. The loan was secured by the car so if the Judge sees that the car is worth what is owed--you either reafirm and make payments or you give the car back.

2006-08-10 02:24:41
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Q: In California would the debtor who just filed bankruptcy be arrested for concealing the car on which he stopped making payments?
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Related Questions

Does bankruptcy cover restitution payments?

Yes, bankruptcy covers most types of payments with the exception of federal taxes and student loans. The ultimate decision is in the hands of the bankruptcy judges and the trustees.

If you file for bankruptcy and you cosigned for someone can the car loan be included in the bankruptcy if the person is not making their payments?

YES, you can include it whether the payments are current or not.

Are bankruptcy payments tax deductible?

Absolutely not. Bankruptcy payments are repayments for debts that you incurred in the past and did not pay. There is no circumstances where these could be deductible on your income taxes.

Can child support payments be discharged in bankruptcy?

absolutely NOT!!

What bankruptcy can you file to keep your home if you are behind in payments?

If you are behind in your payments and you declare bankruptcy usually you can remain in your home and continue payments. However the lender will most likely begin foreclosure since you can't afford it and you are at higher risk.

Can you file bankruptcy in Ohio then move to Germany before the bankruptcy is complete?

Yes, you can move anywhere you want to, but if you are paying payments (Chapter 13) you are still legally obligated to make the payments.

How much debt can you have before filing for bankruptcy?

There's no maximum amount. If you can't make your payments you file bankruptcy.

What happens when someone you cosigned a mortgage for has filed for bankruptcy?

When you co-sign on a loan or mortgage for someone, you are promising to make the loan payments if they can't. When someone files for bankruptcy, they are claiming that they cannot make their payments. It would stand to reason that if someone you co-signed on a mortgage for files for bankruptcy that you would then be liable for making the payments.

Can one put car payments on their bankruptcy?

You not only can, you must. All creditors must be listed in any bankruptcy filing.

If you are current with your bankruptcy payments will the IRS keep your income tax check?


If you are planning to file bankruptcy can you stop making payments on your credit cards?


Can chapter 13 bankruptcy payments go up?

Yes, they may.

How will you know if someone that owes you money and is making scheduled payments files bankruptcy?

Go to where the bankruptcy is filed and have the file pulled and there will be an accounting of all the debts and payments being currently made. It is public information.

Can my house be repossessed if my husband is madebankrupt but is not on the deeds?

Your husband's name is not on the deed, but is he on the loan? If yes, then it cannot be foreclosed and repossessed if the property is listed on his bankruptcy filing, and, as long as his bankruptcy payments are current. If he defaults on bankruptcy payments, then you can lose the property. If he is not on the loan, then your house can be foreclosed and repossessed.

You are financing a vehicle but you can no longer afford payments what can you do?

Talk to the lender, or you can file Chapter 13 Bankruptcy to lower the payments where you can afford them.

Can you file bankruptcy to discharge child support payments?

No. Section 523(a)(5) of the Bankruptcy Code prohibits debtors from receiving a discharge of spousal and child support obligations. If yuou are behind on payments, you can spread out the payments over time in a Chapter 13 bankruptcy. No, you cannot even touch child support, afraid you have to pay, pay, pay and pay.

If you filed bankruptcy would your house be foreclosed on?

If you file for bankruptcy the court will be in charge of finding a fair settlement. They can require the person in bankruptcy to sell their primary residence if that is the main asset of value. The rules vary by jurisdiction. Independent of the bankruptcy the lender who has a loan secured by the property can foreclose and force the sale of the home if the payments are not made as agreed. A bankruptcy does not release the borrower from keeping up the payments on the home loan. As most loans state, if you fail to keep up with your payments your home is at risk.

Chapter 13 bankruptcy be dissimisal?

You can get a Chapter 13 bankruptcy dismissal by asking your lawyer to ask the trustee for a dismissal. If you are having trouble making the payments, you can ask for you bankruptcy to be modified.

Will you lose your home in Chapter 13 Bankruptcy?

If you don't make the payments, then yes.

If you are behind on your house payments and file chapter 7 bankruptcy can they take your house?


Does a bankruptcy attorney usually accept installment payments?

No bankruptcy attorneys usually don't accept installment payments, but, due to the economy there are a few which have made it possible for you to do at least two payments, the first when you meet and then the the last one before papers are filed. Desperate times has brought about desperate measures.

Can you be arrested for not paying your car payments?

maybe but your car would be repossessed

Does bankruptcy protect you from a civil bench warrant?

No. It only protects you (financially speaking) from your creditors - NOT from the court. ALSO: Bankruptcy does not wipe out, or excuse, court ordered payments that were in effect prior to the bankruptcy filing.

What happens to a reverse mortgage in bankruptcy?

A reverse mortgage is typically unaffected by bankruptcy. Only in a case where you want to surrender the home would the bankruptcy court be involved on any mortgage product other than to dictate terms of repayment of defaulted payments. with a reverse mortgage there are no payments so that would not be an issue.

How are back child support payments made in a chapter 7 bankruptcy?

Unaffected and not covered.