How Can I Keep My Car in Bankruptcy in Michigan

Filing for bankruptcy often raises a critical concern: How can I keep my car in bankruptcy in Michigan?

You can keep your car in Michigan bankruptcy by using vehicle exemptions, reaffirming or redeeming the loan, or filing Chapter 13 to cure arrears while maintaining insurance coverage.

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Frequently Asked Questions

Can I keep my car in Chapter 7 in Michigan
Yes, if your equity fits within the exemption system you choose and you stay current on any loan and insurance. We verify the numbers before filing and address reaffirmation or redemption well in advance.
What happens if my car was already repossessed
Timing matters. If the lender has not sold the vehicle, a bankruptcy filing can often force return under the automatic stay. I act quickly and send notice to the tow yard the same day.
Is reaffirmation required to keep a car
Not always. Some lenders allow payments without reaffirmation. When they demand it, I negotiate safer terms or recommend Chapter 13 if a reaffirmation would strain your budget.
What is redemption and when does it help
Redemption means paying the current retail value in one payment to clear the lien. It works when the car is worth far less than the loan and you can access affordable funding.
Will the court take my car if it is paid off
If there is equity beyond the exemption amount, a Chapter 7 trustee could sell it. We avoid that outcome by using the best exemption choice or switching to Chapter 13.
Can insurance lapses cause me to lose the vehicle
Yes. Lenders often file stay relief motions when coverage lapses. We keep proof of insurance on file and respond immediately to protect you.
How long until I know my car is safe
In Chapter 7, you typically know within weeks after the meeting of creditors. In Chapter 13, the plan locks in protection at confirmation, usually within two to four months.

How to File Bankruptcy and Keep Your Car​​ in Michigan

When you rely on your vehicle for employment, family, and personal reasons, it’s hard to imagine the extensive consequences if you lose it in bankruptcy. To avoid or mitigate the harsh consequences, you need to know how to file bankruptcy and keep your car​​ in Michigan.

To file bankruptcy and keep your car in Michigan, you must use exemptions to protect its equity. In Chapter 7, stay within exemption limits or reaffirm the loan. In Chapter 13, include payments in a repayment plan. Choosing the right bankruptcy type ensures you can keep your vehicle.

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FAQs About Filing Bankruptcy and Keeping Your Car in Michigan

Can I declare bankruptcy and keep my car?
Yes, you can file for bankruptcy and keep your car in Michigan under certain conditions. If you file for Chapter 7, your car’s equity must fall within the Michigan or federal motor vehicle exemption limits, and you must stay current on payments if you have a loan. In Chapter 13, you can include missed car payments in a repayment plan to prevent repossession. Reaffirming the loan or redeeming the vehicle may also allow you to keep it.
What assets are exempt from Chapter 7 in Michigan?
In a Michigan Chapter 7 bankruptcy, certain assets are protected from liquidation under exemption laws. Exempt assets include up to $4,250 in equity for a vehicle ($9,525 for elderly or disabled individuals), homestead equity up to $46,125, personal property, tools of the trade, retirement accounts, and some wages. Federal exemptions are also an option, offering different limits. Choosing the right exemption set is crucial to protecting property, including your car, from being sold by the bankruptcy trustee.
What are the risks of keeping my car during bankruptcy?
The biggest risk of keeping a car during bankruptcy is repossession if payments are not current. In Chapter 7, if the car's equity exceeds exemption limits or the filer cannot afford loan payments, the lender or trustee may take the vehicle. In Chapter 13, failing to make plan payments can result in repossession. Additionally, reaffirming a car loan in Chapter 7 means personal liability for the debt remains, even if financial struggles continue.
Is it worth it to fight to keep my car in bankruptcy?
Yes, keeping a car in bankruptcy is often worth the effort if it is necessary for work, family obligations, or daily transportation. If the car loan is affordable and its equity falls within exemption limits, retaining the vehicle can provide long-term stability. However, if payments are unaffordable, surrendering the car and discharging the debt may be a better financial decision. Evaluating your overall debt situation and repayment ability is essential before deciding.

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