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.
Will I be able to keep my car with a Chapter 7?
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 discharged in 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.
What happens to my car after Chapter 7?
The lender may repossess your car if you file for chapter 7 and aren’t in good standing with your loan. Because you haven’t kept up with your loan payments, your vehicle won’t be protected by any exemptions.
Should I pay off my car before filing Chapter 7? – Related Questions
What do you lose when you file Chapter 7?
Chapter 7 bankruptcy erases or “discharges” credit card balances, medical bills, past-due rent payments, payday loans, overdue cellphone and utility bills, car loan balances, and even home mortgages in as little as four months. But not all obligations go away in Chapter 7.
What is the average interest rate on a car loan after Chapter 7?
Average car loan interest rate after bankruptcy
|
Chapter 7 |
Average Loan Rate |
New |
Average credit score at time of filing |
Chapter 7< 560 |
Average Loan Rate New10.58% |
Average credit score one year after filing |
Chapter 7620 |
Average Loan Rate New6.64%
|
What happens if you don’t reaffirm your car loan?
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.
Can your car be repossessed if its charged off?
When a car loan is charged off, you’re still responsible for repaying the debt. Once a lender has charged off an auto loan, you’ll likely have to deal with a third-party collection agency. Your car can be repossessed, or you could be sued for repayment.
How long after Chapter 7 can I refinance my car?
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.
Does ch7 remove repossession?
Once you file Chapter 7 bankruptcy, an automatic stay goes into effect, and creditors, including your car lender, are stopped from continuing their collection activities. An automatic stay stops a car lender from repossessing your car.
Can a bank repo your car during bankruptcies?
Your Lender Must Ask Permission to Repossess Your Car in Chapter 7 Bankruptcy. A lender must file a motion asking the court to lift the automatic stay, and the court must grant it before the lender can repossess your vehicle.
How long does a repo stay on your credit?
Vehicle repossessions (repos) generally result from falling behind on your car payments and can severely impact your credit, as well as your ability to get a loan in the future. How long do repos stay on your credit exactly? The answer is seven years, starting on the date you stopped paying the loan.
Can a repossession be reversed?
Your rights after repossession vary depending on your state law. In some states there are laws granting a right to reinstate after repossession. These laws usually provide for a time period after repossession in which you can get your vehicle back by making up any existing overdue payments and the cost of repossession.
Can you negotiate after repossession?
Ideally, you should start these negotiations before the repossession process. If you negotiate after repossession, however, you may be able to use any questionable actions by the lender during that process to help bolster your bargaining position.
How do I stop the repo man from taking my car?
As a result, it’s crucial that you understand the different ways you can avoid repossession.
- Communicate With Your Lender. As soon as you think you might miss a car payment, reach out to your lender to discuss your options.
- Refinance Your Loan.
- Reinstate the Loan.
- Sell the Car Yourself.
- Surrender the Vehicle Voluntarily.