Keeping Vehicles When I File for Bankruptcy
March 15, 2010 by Donna Carson
Q: The question i have to ask is can i go bankrupt and keep my car. i have a truck and car...i want to get rid of the truck and all my other credit debt. thanks
When you file for bankruptcy in Alberta, you are allowed to keep 1 personal vehicle with equity of up to $5,000.

s the truck have a lien against it?  If so, it would be returned to that lender.  Any shortfall when they sell it
would be included in your bankruptcy.

With respect to the car you want to keep.....if there's no loan against it, you're allowed a $5,000 vehicle.  If there is
a loan, it's $5,000 equity, but you have to keep making the payments in order to keep it.

The credit card debt would be dealt with in your bankruptcy.


Donna Carson, CGA, CIRP, Trustee
Calgary and Central Alberta regions
1.877.500.0792    donna.carson@mnp.ca

Approved comments

March 25, 2010 - Posted by mary.plahouras@mnp.ca

The property of a bankrupt exempt from seizure by a Trustee In Bankruptcy is set by each Province and applies to the equity in the asset. For example, if you have a motor vehicle worth $8,000 and there is a $3,000 secured debt against it then the equity in the vehicle is $5,000. In Ontario the exemption limit for a motor vehicle is $5,650. In this example you are entitled to the equity of $5,000 and the the Trustee cannot seize the vehicle. The Executions Act of Ontario lists various personal property that you would be allowed to keep if you were to file bankruptcy in Ontario. The following property is exempt: Personal Effects (clothing, jewelry etc.) not exceeding $5,600 in value. Household Goods not exceeding $11,300 in value. Tools of the Trade used by the debtor in relation to a business or profession carried on by the debtor not exceeding $11,300 in value. The value attributed to an asset is most commonly determined on an appraisal or liquidation bases.

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