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What to do with vehicles pre CH7?

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    What to do with vehicles pre CH7?

    My wife and I will be filing for CH7 eventually-not sure when as she is employed now but won't be after June of next year (she is a teacher who won't be rehired for the 2012-2013 school year due to budget cuts). Before we file we need to get her a new car, first because the car she owns right now doesn't really work for our growing family, and second, it will help us qualify for CH7. Right now we own three vehicles:

    2003 Ford F-350 - This is my daily driver. It has 200K miles (it's a diesel) and is a little banged up, there's rust, a few things don't work correctly, etc... Edmunds "True Market Value" on it is about $8000. I owe a little less than $1900 on it with my last payment coming in May 2012.

    2001 Toyota Corolla - This is my wife's daily driver. It's in decent shape but it has 160K miles. Edmunds TMV is about $3000-we own it outright.

    1991 Toyota Pickup - I inherited this truck when my uncle died-he wanted me to have it. It's beat up, rust holes in the floorboards, 150K miles, leaks, burns a little oil, and is bare bones (no power options, no AC, stick shift, etc...). Obviously its in rough shape, but it is a 4x4 and runs well. Edmunds TMV is $300.

    The idea is to sell the Ford and use the cash (or some of the cash) generated from that to purchase something newer for my wife. We are looking at certified pre-owned Kias because we want to make sure that if it breaks down or something catastrophic happens (engine goes bad, etc...) post BK that we don't find ourselves having to resort to credit to pay for it. If we purchase a used 2009 Kia certified pre-owned from a Kia dealer we will get the balance of the 10 year/100K mile powertrain warranty. Once she has a new vehicle I will use the Corolla to commute to work and the Toyota Pickup will be kept for bad weather days, hauling firewood, etc... The question is, how much cash do we put into the car? Federal exemptions will cover the pickup and Corolla, but in order to get a reasonable monthly payment we'll probably have to put a lot of the money from the sale of the truck into the new car. Is this a good idea?

    #2
    I have been told here that there are different ways of titling a car in order to maximize your exemptions. Hopefully someone will talk about that again.
    You may be able to cover some extra equity with a wildcard, depending on what your other exemptions are. Fill us in on those and you'll get better answers.

    Keep On Smilin'

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      #3
      Originally posted by keepsmiling View Post
      I have been told here that there are different ways of titling a car in order to maximize your exemptions. Hopefully someone will talk about that again.
      You may be able to cover some extra equity with a wildcard, depending on what your other exemptions are. Fill us in on those and you'll get better answers.
      We do have the benefit of having no equity in the house so we'll be able to spread the federal homestead exemption around. Other than my wife's and my wedding rings I really don't think there's much else that is of any significant value. No boats, RVs, or vacation homes, stocks, bonds, or cash. Just personal belongings, furniture, some tools, basically no one item that would go for more than $50-100 at a yard sale, and not many of those. One thing I forgot to ask was that even though I know you can "stack" exemptions to cover things, but can the trustee question why we own three cars and give us a hard time about it? I have a perfectly reasonable explanation. We need a truck because we heat our home with wood, and the truck has a lot of sentimental value. It's also paid for, worth hardly anything, and doesn't cost much to register and insure. Furthermore, it is our emergency go-to vehicle if either of the other two ever break down.

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        #4
        Hmmm... not sure the tt will care one way or the other about your third. Perhaps be prepared for a buyback? What does atty say?

        Keep On Smilin'

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          #5
          I suppose I could tell them I'd buy the truck back since it's not worth much. We're not even near the point of talking to an attorney yet.

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            #6
            If the OP has the exemptions to cover the truck, I am pretty sure that he can keep it. I'm not sure the OP will be able to list the expenses for insurance and license/tax for it on his Schedule J to lower his DMI, though. I think the justification for needing the vehicle will be sufficient if the TT should ask.

            This definitely should be something you ask your attorney once you retain one. He will know how things like this 'fly' in your district.
            ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
            Not an attorney - just an opinionated woman.

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