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Car exemption - lease question

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    Car exemption - lease question

    I know there is a $6,000 maximum equity value per person for a car allowed. What if you LEASE a car? Due to not actually owning the vehicle, is this still processed as an asset if the car has more than 6000 equity?

    I am still in a good position credit wise but possibly not for long. So while I am still able to finance a new vehicle I wanted to explore the options. My current vehicle I own is worth about 12,000 so I want to get a large chunk of that back to use elsewhere and not have it sitting in a car that would be taken away IF I have to go BK. So in the situation, would it be smarter to lease than to buy at this time - assuming I end up in bk?

    #2
    From what I understand, if you lease a vehicle you don't own it so you would not own any equity. You would simply list the lease on Schedule G -- Official Form B 6G (NOTE: there are major changes to the schedules coming on December 1, 2015 when it becomes Official Form B 106G!)
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #3
      Thank you!

      Comment


        #4
        Don't forget your Statement of Intentions!

        I never really answered your lease versus buy question. This is bankruptcy pre-planning and you really need to understand just where you're going to put otherwise non-exempt money into exempt assets. You should really consult an attorney if you have tens-of-thousands of dollars in non-exempt property and you have no way to otherwise exempt the property (or money).

        Leasing can be smart if that is a financial arrangement that suits your vehicle needs (e.g. you like a new vehicle every 3-4 years). Don't lease just because you're trying to bury $12K somewhere else.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment

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