Items you can keep in 13

[ohnoyadidna]

Just wondering what if anything I can keep during a chap 13. I have three vehicles, one paid for two with a current note:

2007 honda accord
2008 harley davidson
1999 dodge durango (paid for)

Just wondering if they'll make me give back the bike.. I really don't have much in the way of assets. I have probably less then 15k equity in my house and can't think of anything else I have worth all that much. Most everything I have would be appliances, household items, and a couple computers which would be considered tools of trade.

I owe approx 200k in unsecured debt that I stopped paying on.

[woeisme]

No one can answer this for you without knowing which state you reside in, since the exemptions vary from state to state. Also, how many drivers are in your house? If just yourself, you can count on not being allowed to keep all 3, if you have a spouse or other people in the household that need the vehicles, you maybe be able to keep more.

[ohnoyadidna]

I live in TN. Two drivers, me and the wife.

[andy158]

West Virginia here. Had to surrender 2008 motorcycle and 2002 boat that I was still making payments on. Considered "luxury" items and frowned upon by the court. Also you will be giving preferential payment (not paying the other $200k debt in your bk) by keeping said items.

I do have three vehciles. 2008 Focus I am paying outside the plan, 2004 Malibu that was crammed down and paid in the plan and a paid off 1991 S-10 with 180k miles that was considered worthless and was able to keep with no questions.

[ohnoyadidna]

I am going to try and use it as a primary vehicle bcause the durango is such a gas hog and not worth a whole lot. It wouldn't bother me too awful bad to surender it tho. My case should be pretty straight forward I would think being I only have the single source of income and so little in actual assets.

I really don't have much other then the house that the banks don't own a good chunk of. Those items are current and I really want to keep em all..
also the 99 durango is pretty high milage at 160k.

how do they handle household items? I still owe on appliances and furnature. can they make those go back or anything?

[andy158]

This is what I remember being told to me when I met the lawyer: Even after filing, appliances and furniture are secured assets and could be repo'd if payments are not current. You would include those payments on your plan schedules as secured items and continue making the regular payments until paid off. Then the amount of payment you were making will go toward the remaining unsecured debt if you are not in a 100% payback.