In chapter 13 bankruptcy you keep your property and pay back some debts in full and others in part through a three or five year repayment plan. In chapter 7 bankruptcy whether you keep your car depends on the car loan amount if any and any available exemptions you can apply to that loan.
How Do You Keep Your Car In Bankruptcy
can you keep your car loan in chapter 7
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You have a few options to pursue if you want to keep your car in a chapter 7 bankruptcy but you have to act fast or it can be used to pay back your creditors before your remaining debt is wiped away.
Can you keep your car loan in chapter 7. Even though the car lenders security interest in the vehicle is unaffected by your bankruptcy a chapter 7 discharge eliminates your liability to pay the contract price. Yet on my credit report the lender has listed the loan as part of my chapter 7. Reaffirming your car loan.
Assuming your car lease. If you want. Options to keep your car in chapter 7 bankruptcy.
Chapter 7 options when you have a car loan. To learn more about these options see your car in chapter 7 bankruptcy. Many bankruptcy filers are worried about what will happen to their cars.
However if you are still paying off your car there are a few things to consider. If you lease your car your options will be pretty similar. If youre considering bankruptcy it can be hard to decide what to do with your car loanyou may have difficulty paying all your debts but at the same time you want to keep your vehicle.
If you have significant equity in your car or are behind in your car payments its often easier to keep your car in chapter 13 than in chapter 7. People often need their cars to get to work drive children to school and take care of other important tasks. In addition to making your regular car payments your lender could require you to reaffirm your car loan.
Chapter 7 bankruptcy doesnt have to leave you down and out. So if youre behind on your car loan before you file for chapter 7 bankruptcy and you dont have the money to redeem it youll be able to keep your car only if your lender is willing to work with you. If you own your car outright and the value is within the exemption limit you can likely keep your car.
How do you keep your car in. Additionally if you owe money on the car and would like to keep it your loan will need to be current and youll need to be able to continue making payments after the bankruptcy case. Keeping your car in chapter 13 bankruptcy.
You want to keep your car and receive the benefit of post bankruptcy credit. Youll have to renegotiate your car loan if youre behind on your car payments. You need to know that if you were a few payments behind when you filed for chapter 7 bankruptcy theres no guarantee that youll be able to keep your car because your creditor has the right to take back your vehicle if youre behind on your payments.
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