Car Loans And Bankrutpcy
I often get asked what happens to car loans in bankruptcy. There are a few different approaches to treating vehicles in bankruptcy.
Retain and Pay
The option to keep the car and keep making payments is our preferred option from clients. This means that you keep the car and you keep making your payments. However, this option no longer reports to your credit either positively or negatively. This is a great option if you default on your auto loan after the bankruptcy is filed as it is no longer reported as a past due loan. Additionally, if you decide to surrender the vehicle or the vehicle is repossessed after the bankruptcy, it will not be reported as such on your credit report.
Surrender the Car
If you don’t want to keep paying on the car you can surrender it with no strings attached. This is an option in both chapter 7 and chapter 13 bankruptcy. Once you give the vehicle back to the lender you will no longer be responsible for the remaining amount due.
Chapter 13 Bankruptcy Cram Down
Chapter 13 bankruptcy allows us to cram down your car loan and convert the unsecured portion of the loan into general unsecured debt. This can be huge. For example, if you have a $20,000 loan on a vehicle that’s only worth $5,000, you can cram down the loan to the car’s true value ($5,000). In that case, the $5,000 debt would be paid with a modest interest rate over the course of the Chapter 13 bankruptcy plan and the balance of the loan would be given the same treatment as your credit card debt.
For more information, it is very wise to talk to an experienced Yuba City bankruptcy attorney at (530) 797-4402.
Categorized in: Loans