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A question about cars and exemptions in Mississippi

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    A question about cars and exemptions in Mississippi

    Hello, I would first like to say this forum has been a blessing! So much useful information here!

    We are going to file bankruptcy soon, or at least my husband is. I am a homemaker with "no assets"--my name is not on any debt or the mortgage. We have one child at home. He will be filing on some credit card debt and medical bills. We own a home, which we are keeping, and three cars which we own outright. His income is approximately $32,000/year. We have not seen an attorney yet.

    My question is about our cars. All three are between 15 and 20 years old, the new one being a 1995 pickup. The combined market value of all three is probably $4000 at the most. I realize that one can be kept, but will we be required to sell the other two? We live in a rural area--20 miles to town and my husband's work--and with older cars it's always in one's best interest to have a backup vehicle, especially since there is no other transportation available out here--no buses, cabs, etc. (Believe it or not, there was one time that all three were broken down at once--that totally stunk )

    I guess I am worried about the cars more than anything. It is not a good feeling to be out here with only one vehicle. While all three are fairly reliable, they ARE old and do break down from time to time.

    Thank you in advance for any answers to my question.

    #2
    Worst case, you will have to pay the trustee the value of the the non-exempt cars. I don't know what your state exemptions are, but apply them to the most expense vehicle. The trustee may not even care about two 20 year old cars.
    Wife Laid off - 11/16/2009 Missed First Payments - 12/5/2009
    Filed Chap 7 - 12/31/2009
    341 - 2/12/2010
    Discharged - 4/19/2010

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      #3
      We were in the same boat with 3 older vehicles. Our attorney told us the trustee would not be interesest in junkers. There is no money to be had, for the trustee, after the expense of selling them. He was right. No mention was made at the 341 or later. Kept all 3.

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        #4
        Are the cars paid for? The judges in Mississippi have a rule of thumb regarding cars with balances: One car per household driver. But if they're paid for, they don't care how many cars you have -- you can keep them under your wildcard exemption.
        Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

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          #5
          Originally posted by MSbklawyer View Post
          Are the cars paid for? The judges in Mississippi have a rule of thumb regarding cars with balances: One car per household driver. But if they're paid for, they don't care how many cars you have -- you can keep them under your wildcard exemption.
          Thank y'all for all the answers

          Yes, they are all paid for. We never finance cars, always pay cash. This really makes me feel much better!

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            #6
            Originally posted by raidermom View Post
            Thank y'all for all the answers
            Y'all are welcome.
            Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

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