If you file for Chapter 7 bankruptcy and local bankruptcy laws allow you to exempt all of the equity you have in your car, you can keep the vehicle—as long as you’re current on your loan payments. And if the market value of a vehicle you own outright is less than the exemption amount, you’re in the clear.
Can a car loan be forgiven under Chapter 7?
When you file for Chapter 7, your car loan will not be discharged because it is not an unsecured debt, but rather a secured debt. In this type of bankruptcy filing, your secured creditors—which include the holders of your car loan— will have you sign a reaffirmation agreement.
Should I pay off my car before filing Chapter 7?
Keep the car, keep the debt
If you don’t pay the loan off, the car lender can repossess the car and even start a wage garnishment to collect the loan balance. This is especially risky because you can only file Chapter 7 bankruptcy every 8 years, so there is no easy relief available if anything goes wrong.
Can I reaffirm my car in Chapter 7?
If you file for Chapter 7 bankruptcy, and you want to keep a financed car, you can ask the lender to renegotiate the car loan terms in exchange for entering into a new contract called a reaffirmation agreement.
Can you keep a car with bankruptcies? – Related Questions
How can I keep my car in Chapter 7?
If you file for Chapter 7 bankruptcy, you can use your state’s motor vehicle exemption to protect the equity in your car, truck, motorcycle, or van. But if the exemption amount doesn’t fully cover the vehicle’s equity, the bankruptcy trustee can take your car in Chapter 7.
What happens if you don’t reaffirm your car?
Reaffirmation Provides Certainty Against Repossession
If you don’t sign a reaffirmation agreement, the lender can repossess your car after your case closes and the automatic stay lifts. Some car lenders are known to repossess the car immediately, even if you are current on payments.
How does reaffirmation agreement work?
A reaffirmation agreement allows you to agree with a lender to keep your collateral after filing for bankruptcy. Common types of loans you may make a reaffirmation agreement for include home loans, auto loans or any other significant collateral you use regularly.
What can you not do after filing Chapter 7?
What Not To Do When Filing for Bankruptcy
- Lying about Your Assets.
- Not Consulting an Attorney.
- Giving Assets (Or Payments) To Family Members.
- Running Up Credit Card Debt.
- Taking on New Debt.
- Raiding The 401(k)
- Transferring Property to Family or Friends.
- Not Doing Your Research.
Can you get a car loan while in Chapter 7?
Yes, you can buy a new (to you) car while your Chapter 7 bankruptcy case is pending. If possible, wait until your discharge has been granted as that will give you more negotiating power with the bank. Written by Attorney Andrea Wimmer.
What happens after a reaffirmation agreement?
The court approves the reaffirmation agreement
Once the court has approved the reaffirmation agreement, the filer’s personal liability on the car loan survives the entry of the discharge. If all remaining payments on the loan are paid in full, then it’s essentially as though the bankruptcy never happened.
Should you reaffirm a auto loan?
A reaffirmation agreement can be advantageous to you because: You will keep the vehicle; You may be able to negotiate more favorable terms for the loan; and. Paying the loan can help rebuild your credit rating after bankruptcy.
Can a bank refuse a reaffirmation?
The agreement is voluntary for you and for the creditor—the creditor may refuse to offer a reaffirmation. All parties need to move quickly to get an agreement reviewed, signed, and filed.
What does it mean to reaffirm a car loan?
When you reaffirm a car loan in bankruptcy, you sign an agreement with the lender that you will continue to pay for the car as if you had not filed bankruptcy in exchange for keeping it. To reaffirm a car loan, you must be able to show the court that the vehicle is necessary and that the payment is reasonable.
Why did my car loan disappeared from my credit report?
An auto loan could be missing from your credit report because the information hasn’t yet been reported to the credit bureaus, your lender doesn’t report to all credit bureaus or an error has occurred.
Can I refinance my car loan after Chapter 7?
You can refinance a post-bankruptcy car loan, but you generally have to wait for at least a year to pass in order to qualify – as is the case for any other auto loan.