Car Finance Bankruptcy: Whether you currently have a car finance bankruptcy or want to get car financing after the case is filed, there are certain procedures that must be followed.
Most individuals either file Chapter 7 or Chapter 13 car finance bankruptcy. Individuals are eligible for Chapter 7 if it appears that they cannot afford to pay off their debts based on their income and the cost of necessary living expenses.
Chapter 13 is available for people who have an income that enables them to pay off some or all of their debts through a payment plan. The options with regards to finance car loan vary depending on the individual’s circumstances and the chapter of bankruptcy filed.
Car Finance Bankruptcy: The #1 Decision!
=>> If you have a car loan when the Chapter 7 bankruptcy is filed, decide if you want to keep the car.
You must continue to make payments to the loan company if you want to retain the car. The bankruptcy documents should state that you intent to retain the car.
When the loan company finds out that you want to keep the car, it may submit a reaffirmation agreement to you or to your attorney. The reaffirmation agreement is a contract that states you will keep making loan payments even though you filed for bankruptcy.
=>> The reaffirmation agreement must include:
- the amount of the outstanding loan balance,
- the amount of the monthly payments,
- the interest rate,
- and the length of the loan term.
Typically, the agreement also states that you will remain responsible for the debt if you default on the loan payments. In some states, you don’t have to sign a reaffirmation agreement in order to keep the car. You merely have to keep making timely payments to the loan company.
Car Finance Bankruptcy: A good Option!
Redeeming the vehicle is an option that can be utilized if you want to keep the car but the loan payments aren’t affordable. Redeeming a vehicle means that you pay the current loan company the fair market value of the vehicle.
People with outstanding loans that are more than the car’s current value tend to exercise this option. Car finance Bankruptcy law allows you to pay the loan company for the current value of the car.
Once the loan company is paid, it will release the lien on the car. The balance owed to the loan company will be discharged in the bankruptcy. In order to redeem a vehicle, you have to approval from the judge and pay for the value of the car with one lump sum payment to the loan company.
=>> What is the issue about this option?
Since many people do not have the cash available to pay for the car in one lump sum payment, they seek financing from another lender. There are companies that give car loans to individuals in bankruptcy.
- Contact a lender and fill out an application.
If financing is approved, make sure the loan terms are affordable. The interest rates for the redemption loan may be high but the monthly payments tend to be lower than those of the current loan.
=>> Car Finance Bankruptcy: To-Do List!
- Submit a motion to redeem the motor vehicle to the court.
- State the name of the new lending company.
- Provide a description of the car and its current market value.
- List the new loan terms.
- Include the market value assessment and the proposed loan terms as exhibits to the motion.
If the judge grants the motion, the new lending company can give the current loan company the full payment for the car’s value.
Confirm with the new lending company when and where the new loan payments should be submitted. The new lending company will place a lien on the vehicle until their loan is paid off.
Car Finance Bankruptcy: Chapter 13 Case!
In Chapter 13 cases, you have to make an income that allows you to pay off your debts in a court-approved payment plan. During the length of the plan, you submit monthly payments to a bankruptcy trustee overseeing the case.
When the trustee receives each monthly payment, he proceeds to give a portion of the payment to the respective creditors included in the case. Chapter 13 cases last from three to five years.
If the trustee does not receive the payments on time or stops receiving the monthly payments, the case will be dismissed and you will lose the chance to go on getting a car finance loan.
=>> Car Finance Bankruptcy: A Powerful Tip!
If you want to keep a car that is currently financed, let the court know that you will continue to make the loan payments. Include the name of the loan company, a description of the car, the monthly payment amount, and the outstanding loan balance in the Chapter 13 Plan.
If the loan is delinquent, the total amount of the late payments must be included as part of the plan as well. If the car payments are not included in the payment plan, the loan company will assume you want to surrender the car. Then the loan company will file a motion with the court requesting permission to repossess the car.
- Chapter 13 cases last for a few years.
During that time, you may want to get another vehicle. It is possible to get financing during the case, but court approval is needed first. If a financial institution approves a loan for you, it will provide a written proposal of the loan terms.
- File a motion to incur debt with the court.
Explain why the car is needed. A vehicle may be needed as a form of transportation for work and may be needed to transport members of the household to various locations. The motion should state the terms of the proposed loan.
Provide the court with the most recent information regarding your income and living expenses. The court and trustee will analyze your income and expenses to determine if you can afford the new car loan.
If the court decides that the new loan will not jeopardize your ability to successfully complete the Chapter 13 case, then it increases the chances of the motion being granted. If the court approves the motion, you can proceed to take the loan and buy a car.
Car Finance Bankruptcy: What are my last words for you?
Carefully review all of the options available with regards to auto financing during a Chapter 7 or Chapter 13 case. The monthly loan payments should be taken into consideration.
The cost of gas, maintenance, and auto insurance should also be assessed. Figure out your long-term financial goals and utilize the bankruptcy laws in a manner that will help you get the debt relief you need.
(c): http://refinancecarloaninfo.org/: Car Finance Bankruptcy!


