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When you file for bankruptcy, the creditor from whom you’ve financed the vehicle will freeze your account, meaning you will now have to make payments over the phone rather than online. But as long as you make those payments, your leased vehicle will generally be safe.
Your vehicle is still considered personal property, even if you use it to earn money as a rideshare driver. It’s similar to when someone files for bankruptcy after incorporating themselves and claiming their vehicle as a business vehicle.
Should you file for bankruptcy, because you own the business, you still own the car, and the asset is still an asset that will be taken into consideration by a bankruptcy court. The same principle applies to you as a rideshare driver with a vehicle.
If you drive for Uber or Lyft full-time, you are not usually earning enough to have that income impact the Means Test. However, if you already have a full-time job and drive on the side, this added income could mean the difference between qualifying and not qualifying.
In most cases, you should be able to keep your main vehicle by continuing to make payments. If you need a vehicle and are in bankruptcy already, some companies may be able to help you finance a car. Generally, people who have already gone through bankruptcy are able to go to a dealership and get a vehicle, so long as they can prove that they can make payments.
Having said that, some lenders have been tightening up over the past year, and you may have to shop around a bit for financing if you wish to buy a new vehicle after bankruptcy.
While your attorney can not directly protect your ability to continue rideshare driving, they can help you sign a reaffirmation agreement or advise you on how to retain and pay (this will involve you continuing to make car payments, without putting it back on your credit report).
For their part, Uber and Lyft are not likely to care about or even be aware of your bankruptcy case, and so long as you continue to make payments on your vehicle, you should be able to keep driving.
For more information on filing for bankruptcy as an Uber driver in Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (407) 255-7458 today.