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Benefit from the Experience of Attorneys Bill and Valerie Sherman Former Assistant Attorney General, Assistant County Attorneys and Magistrate Judge

"Can I keep my Harley if I file for bankruptcy?"

Question: I have a motorcycle that I want to keep when I file bankruptcy. I love my bike. I used to have several motorcycles; I had a Harley-Davidson, Honda, Kawasaki, BMW, Victory and an Indian. That was when I was making money.

I started a landscaping business and I did it for a lot of celebrities and pro athletes. I was doing lawns for Atlanta Falcons, Hawks and Braves. It was good money.

But then I started gambling and I racked up some major debts. Then to pay off the debts I started dealing drugs. Then I got arrested and had to go to prison for 2 years. Now it's all behind me. But I need to get rid of my debt. I need a fresh start. I need these credit cards and loans gone.

I don't own a car. I have a bike. It's a Harley that my grandfather gave me as a present. My granddad was a collector and he had almost 20 Harleys.

I need to know if I file bankruptcy if I can keep my motorcycle. It's not an expensive Harley and if I sold it I might get a few thousand dollars. I need something to get around and I love riding on it with my daughter. Can I keep my bike?

C.G. in Cumming

Answer: It sounds like you can keep the Harley. If you file bankruptcy, you would be able to reaffirm the motorcycle obligation. That will enable you to maintain the bike.

Oftentimes people who file for bankruptcy, either chapter 7 or chapter 13, can keep their car or motorcycle by reaffirming that debt. We work with our clients to reaffirm these types of debt.

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