Can I keep my car and another car that is titled in my name but is in my daughter’s possession?

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Can I keep my car and another car that is titled in my name but is in my daughter’s possession?

I live in NE and am planning to file Pro Se. I am claiming the homestead exemption but understand that I cannot use the wildcard exemption if I do this. How do I keep from having to turn over the car that my daughter has in her possession but is titled in my name. I don’t see any other provisions other than the wildcard (25-1552) exemption for keeping my daughter’s car if I file for the homestead exemption. I am stuck on this part of my bankruptcy. Also, on Schedule C, which law do I check at the top of the form?

Asked on June 28, 2011 under Bankruptcy Law, Nebraska

Answers:

Mark J. Markus / Mark J. Markus, Law Offices of

Answered 9 years ago | Contributor

I do not practice in NE so I can only tell you that if you can't use the wildcard exemption and there are no other exemptions available for a vehicle, then you will not be able to exempt the equity value in that vehicle.  If you are filing a Chapter 7 case, the Trustee could sell the vehicle.

 

Mark J. Markus, Attorney at Law

Handling exclusively bankruptcy law cases in California since 1991.

http://www.bklaw.com/

Mark J. Markus / Mark J. Markus, Law Offices of

Answered 9 years ago | Contributor

I do not practice in NE so I can only tell you that if you can't use the wildcard exemption and there are no other exemptions available for a vehicle, then you will not be able to exempt the equity value in that vehicle.  If you are filing a Chapter 7 case, the Trustee could sell the vehicle.

 

Mark J. Markus, Attorney at Law

Handling exclusively bankruptcy law cases in California since 1991.

http://www.bklaw.com/


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