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-   -   Owe on credit cards they took my car (https://www.askmehelpdesk.com/showthread.php?t=301457)

  • Jan 9, 2009, 04:43 PM
    10241994michael
    Owe on credit cards they took my car
    I owe money to different credit card companies, one of them has obtained a levy and taken my car. Which is paid for with no leins. If I file bankructcy can I get my car back?
  • Jan 9, 2009, 10:32 PM
    Fr_Chuck

    No, it is too late now, you should have filed before they got the lien on the car, the lien made it a secure debt and you would have to either pay it in bankruptcy court to keep the car. But after it is gone it too late.
  • Jan 15, 2009, 02:03 PM
    Iknowalotofstuff

    Once again, the person asking the question does not disclose the state or province in which her resides so we readers cannot comment as we do not know the jurisdiction.

    Most jurisdictions have statutory exemption legislation which prevents unsecured creditors from seizing these exempt assets. For example, in Ontario Canada, a debtor's consumer goods are exempt from seizure if they are paid for or were paid for when they were pledged as security. ($5000.00 in personal effects, $10000.00 in furniture, $10000.00 in tools of a trade and $5650.00 in a vehicle) If there is exemption legislation in your jurisdiction, if the creditor seizes and sells the goods, they pay you the amount of the exemption and bear the cost of sale before they are entitled to anything.

    You should look. I would not put it past any creditor who takes security in paid consumer goods to withhold the exemption.
  • Jan 15, 2009, 02:07 PM
    slowandeasy

    What state are you in?
  • Jan 15, 2009, 03:31 PM
    Iknowalotofstuff

    Ontario Canada

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