Yes, many loan agreements have a clauses that allows them to call the note due and/or repo the vehicle if there are any singnificant changes to your credit status. Bankruptcy certainly qualifies.
In Chapter 7 bankruptcy, you cannot directly obtain a deferment on your auto loan; however, you may have options to deal with your car payments. The bankruptcy process may allow for the discharge of certain debts, including the possibility of eliminating the loan if the vehicle is not essential. Alternatively, you might negotiate with your lender for a payment plan or reaffirm the loan, which could lead to more manageable payments. It's advisable to consult with a bankruptcy attorney to understand your specific options.
The amount of time a bankruptcy stays on your credit report after discharge differs between Chapter 7 and Chapter 13 Bankruptcy. With Chapter 7 bankruptcy, the Chapter 7 stays on your credit report for 10 years. Chapter 13 bankruptcy, after discharge, it shows for 7 years on your credit report.
You can file for Chapter 7 bankruptcy once every 8 years.
You can declare Chapter 7 bankruptcy once every 8 years.
You can file for Chapter 7 bankruptcy once every 8 years.
You cannot discharge secured debt. You either have to reaffirm the debt / keep paying. Companies like Aarons will come to repossess their property.
If the lender is willing to reaffirm the loan with the borrower then the vehicle can be returned. A vehicle is a secured debt and is not subject to chapter 7 bankruptcy laws.
When you fill out the forms for the bankruptcy, make sure that you "reaffirm" the mortgage. That means that you will continue to pay the mortgage as agreed. The bankruptcy trustee that will be assigned to your case will guide you through the rest. HIRE AN ATTORNEY!! IF you own a home,,,NEVER go it alone for a bankruptcy.
Yea, you can. You must list it as an asset, minus any liens, including a purchase-money loan. you can surrender it or reaffirm the debt.
If your asking can you keep your car in a Chapter 7 bankruptcy, the answer is yes, if the value of the car less than the total of your state's exemption for personal property. If there is a loan on the car, then the value of you car is probably 0. However, if there is a loan, you must reaffirm it in the bankruptcy. This means that you make a new promise to the lender to pay the loan even though it was discharged in the bankruptcy. Usually, you must be current in all of your car payments in order to reaffirm the debt.
2 factors: 1. Are you current on your payments? - if you are not current on your payments the creditor will most certainly repossess your vehicle. however you will not be liable for any deficiency amount. 2. Who is the creditor? - Most creditors will gladly continue to accept payments on the vehicle and not repossess it. however some creditors such as Ford Motor company will repossess regardless of whether or not you are current.
Leases are not reaffirmed like secured property is. Leases are either assumed or not assumed, and there is a difference. There is no way to answer your question without knowing more specific facts about what is happening in the chapter 7 bankruptcy proceedings.
You can keep them as long asa you keep paying the car loans. But beware that there is court precedent where a creditor can force you to either surrender the property or reaffirm the debt. Reaffirming the debt is never a good idea.
If the lender refuses to repossess a car surrendered during Chapter 7 bankruptcy, you may need to check with your bankruptcy trustee for guidance on how to proceed. You could potentially apply for an abandoned title if the lender has effectively given up ownership, but this process varies by state. It's crucial to confirm with your local Department of Motor Vehicles (DMV) about the specific requirements for obtaining a replacement or abandoned title. Additionally, consider consulting a bankruptcy attorney to ensure you're following the correct legal procedures.
Thats an excellant question to ask your B/K attorney. maybe if you REAFFIRM the debt, you can get it back. MERRY CHRISTMAS
You need to let your attorney know that you wish to reaffirm the debt on the truck. In order to keep it, you have to remove the debt from bankruptcy protection, keeping in mind, that you can't seek protection from the debt for seven more years.
The simple answer is no. If you are current on your car note, then this is not the issue that lead to the bankruptcy. That you are paying it current may have contributed to your financial situation, but on the surface it is not a reason to surrender the vehicle. Either do not list it or reaffirm it with the lender.