Cars & Bankruptcy: What You Must Know to Get It Right

By Cathy Moran, Mt. View, CA

It’s time for a summary and refresher on dealing with car loans in bankruptcy.

Somehow, my staff hit a wall this week on what information we needed about cars and car loans.

Then, we stumbled on what to do with that information.

So, here’s my roadmap to cars in bankruptcy. Fasten your seat belt: here we go.

Car value

A reliable value for the car is essential in any form of bankruptcy. It drives exemption planning . . .

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Lashinsky v. Pennington Opinion Revoking Discharge

The Academy

September 14, 2025

“A bankruptcy court has ‘few more powerful remedies at its disposal’ than the revocation of a debtor’s previously granted discharge. And because of the ‘fresh start’ objective of bankruptcy, revoking a discharge is not an action that should be taken lightly.

Critical Case Comment– Absolute Right to Dismiss But Not the End of the Story

Henry E. Hildebrand, III

December 5, 2021

Although a Chapter 13 debtor has the absolute right to voluntarily dismiss her Chapter 13 case, even after a motion to convert is filed, the Court retains the rights to impose restrictions on the dismissal. (Waites) In re Brittany Frances Minogue, 2021 WL 4453589 (Bankr. D. S.C. September 29, 2021) Summary Brittany Minogue filed a voluntary petition under Chapter 13...

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A Fireside Chat with…Dr. ChatGPT – Products Available

Jan Hamilton

March 15, 2026

Emeritus Trustee Jan Hamilton has embarked on an exploration of AI as it relates to legal research and uses in an attorney’s office. Here is his ‘conversation’ regarding the various products available to attorneys and how they may – or may not – help you.

Members

FFIEC Issues Statement on Examination Principles Related to Valuation Discrimination and Bias in Residential Lending

The Academy

February 18, 2024

FFIEC Issues Statement on Examination Principles Related to Valuation Discrimination and Bias in Residential Lending

Escrow 102 – Part 4 of 4

October 17, 2021

By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA) Escrow 101 - Part 1 Escrow 101 - Part 2 Escrow 101 - Part 3 Escrow 102 - Part 1

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Max’s Knowledge Nugget

Max Gardner

November 13, 2022

Question: May a servicer charge to generate a payoff quote? Answer: 1026.36(c)(3) Payoff statements. In connection with a consumer credit transaction secured by a consumer's dwelling, a creditor, assignee or servicer, as applicable, must provide an accurate statement of the total outstanding balance that would be required to pay the consumer's obligation in full as of a specified date. The...

Members

Vehicle Repossessions and Article 9: Recent Developments

Edward C. Boltz

July 27, 2025

This article by will be particularly instructive for consumer bankruptcy attorneys, especially those who regularly represent Chapter 13 debtors with vehicles repossessed just before or after filing.

Twenty Years After BAPCPA; The Federal Form Still Doesn’t Follow the Statute

Robert G. Drummond

September 28, 2025

“The calculations in Form B122C-1 are directly at odds with the calculations in § 1325(b)(2)(B).”

Members

Don’t Bank on Withdrawal

Cathy Moran

June 23, 2024

What do you know about FRBP 7041? Maybe younever gave it much thought. Here, Atty Moran shares her encounter with the rule which ended up at the 9th Circuit. She concluded that the “Withdraw” event on ECF enabled a trap for the unwary counsel and court.

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Ask Ms. Ps and Qs

May 10, 2020

By Professor Nancy Rapoport, University of Nevada Dear Readers: Regina Logsdon has just asked me a great question: In this new world of Zoom, is it okay to record meetings? Video and audio? Permission needed? Does it vary state to state? We are living in a new normal, and video conferencing will continue to be part of our lives even...

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Cars & Bankruptcy: What You Must Know to Get It Right

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Related Articles

Lashinsky v. Pennington Opinion Revoking Discharge

Critical Case Comment– Absolute Right to Dismiss But Not the End of the Story

A Fireside Chat with…Dr. ChatGPT – Products Available

FFIEC Issues Statement on Examination Principles Related to Valuation Discrimination and Bias in Residential Lending

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Ask Ms. Ps and Qs

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