Florida Bankruptcy – If I Surrender my Leased Car in the Bankruptcy am I still Responsible for the Mileage Overage Payment?

When people lease vehicles in Florida, the lease is typically limited to certain mileage (i.e. 10,000 miles per year).  If the lessee goes over that allowed mileage they are forced to pay a penalty of a few cents (usually 25 cents) per mile that they are over when the lease is up and they need to return the car.  Furthermore a lessee  can be charged for the damages on the car (anything beyond normal wear and tear).

If you are thinking of filing for bankruptcy then you can terminate the lease early by surrendering the car in the bankruptcy itself.   If you are over on your mileage or if there is some damage to the vehicle, then you will NOT be responsible for the difference if you surrender the vehicle in your bankruptcy.

The filing of a bankruptcy is a serious decision and one should consult with a bankruptcy attorney prior to filing.  If you would like to schedule a free consultation with a bankruptcy lawyer then please contact Shmucher Law, PL at 954.309.5559 or 305.741.5553.  We offer free consultations in any of our office locations including Boca Raton, Fort Lauderdale, Miami, Plantation, and Sunrise  Florida.

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