Can a dealership have you sign a paper stating if you file bankruptcy, you won't be able to put said vehicle under that bankruptcy? 16 Answers as of August 28, 2015

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A Fresh Start
A Fresh Start | Dorothy G Bunce
A contract can say anything. No one can force you to sign a contract. A contract that says you cannot put a debt into bankruptcy is void because it violates public policy. However, any debt you make within 3 - 6 months before filing bankruptcy can be ineligible to be discharged in a bankruptcy.
Answer Applies to: Nevada
Replied: 6/23/2015
Ronald K. Nims LLC | Ronald K. Nims
Yes, they can have you sign a paper that says that. They can also have you sign a paper that says you're going to fly a Boeing 747 to China while doing open heart surgery tomorrow. But neither paper will mean anything. If it was that easy to avoid the bankruptcy law, then every debt would have you sign away your bankruptcy rights. But bankruptcy supersedes contracts, including a contract that bankruptcy doesn't apply.
Answer Applies to: Ohio
Replied: 6/23/2015
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
That would be a no.
Answer Applies to: New York
Replied: 8/28/2015
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
No. But pretty much your only option is to keep paying for the car if you want to keep it.
Answer Applies to: California
Replied: 6/23/2015
Law Offices of Joseph A. Mannis
Law Offices of Joseph A. Mannis | Todd Mannis
They can, but it wouldn't be worth the paper its written on. You cannot waive your right to file bankruptcy. Period. So you could sign it triplicate, have it notarized, and still file for bankruptcy the next day, and nobody can stop you from doing so.
Answer Applies to: California
Replied: 6/23/2015
    Marc S. Stern
    Marc S. Stern | Marc S. Stern
    Car dealers can have you sign all sorts of documents. That does not, however, mean that they are enforceable or valid. It also does not mean that having you sign them does not constitute a violation of any number of consumer protection acts.
    Answer Applies to: Washington
    Replied: 6/23/2015
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    They can ask you to sign whatever they like. The question instead, becomes whether such a document is enforceable. Filing for bankruptcy is a federal right - you cannot waive it. If you were to file for bankruptcy after making a purchase and signing such a document then it could raise questions of good faith, but when a bankruptcy case is filed not only can you, but you MUST list ALL debts that you owe at that time. If you have questions about the paperwork for your transaction, and if there are things that you do not understand or are not sure about, you should have the right to seek legal advice as to the documents.
    Answer Applies to: Colorado
    Replied: 6/23/2015
    Patrick W. Currin, Attorney at Law | Patrick Currin
    As a secured creditor the dealership takes the car or you keep making the payment (some chapter 13 exceptions) in BK.
    Answer Applies to: California
    Replied: 6/23/2015
    Tokarska Law Center
    Tokarska Law Center | Kathryn U. Tokarska
    They can also ask you to give up your first born but such agreements are not likely to be held up in court. I'm not sure what your real concern here is, I assume you are not considering purchasing a car on credit and then filing bankruptcy and returning the vehicle.
    Answer Applies to: California
    Replied: 6/23/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    That kind of provision is unenforceable. It's used to scare consumers. You might try crossing it out, initialling the cross-out, and pointing out the change you have made to the sales person in writing. I cannot say for sure, but I speculate they would sell you the car anyway. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 6/23/2015
    Stephens Gourley & Bywater | David A. Stephens
    Yes, but such a statement is not enforceable in Nevada.
    Answer Applies to: Nevada
    Replied: 6/23/2015
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    Those agreements are unenforceable. Otherwise, every creditor would have you sign these agreements as to their debts.
    Answer Applies to: Colorado
    Replied: 6/23/2015
    Eranthe Law Firm
    Eranthe Law Firm | Cate Eranthe
    They can ask you to sign anything. That doesn't mean it's enforceable or that they can change the Federal law by having someone sign a document. If you file a bankruptcy you MUST include everything. That is the Federal law. A piece of paper signed by you won't change that law. You still couldn't keep the vehicle if you didn't pay for it so I'm not sure what the dealership is trying to accomplish by this document.
    Answer Applies to: California
    Replied: 6/23/2015
    Scott Goldstein | Scott Goldstein
    Attempts to avoid the bankruptcy stay by saying that you Will not make certain secured property property to a bankruptcy The subject of bankruptcy our voice from the get-go.
    Answer Applies to: New Jersey
    Replied: 6/23/2015
    Ross Smith, Attorney at Law
    Ross Smith, Attorney at Law | Charles Ross Smith III
    The short answer is no. Even if you did sign such a document, it would be of no effect. If a dealer did put such a clause in it's contract, it would be a violation of Ohio's Consumer Sales Practices Act. I would not deal with such a dealer if I had a choice. Good luck.
    Answer Applies to: Ohio
    Replied: 6/23/2015
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    That would be a no.
    Answer Applies to: Florida
    Replied: 8/28/2015
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