how does a lawyer decide about my auto loan while im paying on chapter 13

by Miss Krystal VonRueden 4 min read

Get written consent from the court appointed chapter 13 bankruptcy Trustee to go ahead with your decision to finance car. Court will assess your need for car & determine the loan amount that can be permitted. Look for lenders that specialize in providing car loans to people who have filed for bankruptcy for discharge of debts.

Full Answer

What happens to my car loan if I file Chapter 13?

If your vehicle loan is over two-and-a-half years old and the remaining loan balance is greater than the car or truck’s current value, Chapter 13 could provide an opportunity to lower the remaining loan amount and interest rate, and then pay the loan off as part of your approved bankruptcy plan monthly payment.

Can a car be repossessed after filing Chapter 13 bankruptcy?

If you've already filed for Chapter 13 bankruptcy, a car lender can't repossess your car. In some cases, you can even get a car back if the lender repossessed it shortly before you filed for Chapter 13.

What happens to a car loan in bankruptcy?

If the bankruptcy plan life is 60 months, but the car loan is going to be paid off in, for example, 36 months, that scenario creates a potential problem. Previously, we would tell the trustee that, when the car was paid in full, the car loan payment would be used to purchase a replacement for that car or maybe a second car for the debtors.

Can I keep my car in Chapter 7 and 13?

Exempt car in Chapters 7 and 13. Suppose your state lets you exempt $10,000 of car equity. If your car's equity is worth $10,000 or less, you'll keep the car in Chapter 7, and your Chapter 13 payment won't be affected—you won't have to pay to keep your vehicle.

How does Chapter 13 work with car loans?

If you're behind on your car loan or lease and you file for Chapter 13 bankruptcy, you can keep your car if you pay the arrearage (the amount you're behind) through your repayment plan and continue to make your regular car payments.

Can I pay my car off while in Chapter 13?

In Chapter 13, unlike Chapter 7 bankruptcy, you can keep your car without needing to be current on your payments. However, in order to keep your car in Chapter 13 bankruptcy, you need to agree to pay off your missed payments during the course of your bankruptcy plan.

Is it hard to get a car loan after a Chapter 13 discharge?

The moment a Chapter 13 bankruptcy is discharged can be a great time to get a car loan. But, the cost for getting a clean slate following a bankruptcy is a lower credit score, so you have to make sure you work with the right lender.

How many payments can you miss in Chapter 13?

Missing a Chapter 13 payment is a serious issue. At the same time, very few bankruptcy trustees are going to file a motion to dismiss against you over a single late payment. As a general rule, it takes two or three missed payments before action is taken to default a Chapter 13 plan.

What happens to your car after Chapter 13?

Everyone can keep a car in Chapter 13 bankruptcy, even after falling behind on payments. You'll keep all of your property in Chapter 13, including cars, because the Chapter 13 repayment plan affords benefits that aren't available in Chapter 7.

What is a cram down in Chapter 13?

A "cramdown" in a Chapter 13 bankruptcy allows you to reduce the principal balance of a debt to the value of the property it is secured by. By taking advantage of a Chapter 13 cramdown, you may be able to save your car, investment real estate, or certain other properties.

Does your credit score go up after Chapter 13 discharge?

Either way, once you get your discharge in a Chapter 7 bankruptcy or a Chapter 13 bankruptcy, you will get credit again and be able to increase your score. Lenders will look at your credit histories such as on-time payments and debt to income ratio to determine if they should extend credit to you.

Can a car loan be discharged?

A charged-off car loan is like any other vehicle loan in bankruptcy. If the lender has already repossessed the car, or if you're willing to turn it in, you can discharge (wipe out) the loan in your bankruptcy case.

How soon can I get a car loan after a Chapter 13?

Chapter 13 bankruptcy. If you filed Chapter 13, you can either: wait for your discharge, which will not be entered until your repayment period is over (between three to five years), or. get court permission to take out a car loan while your case is still pending.

Can I get my Chapter 13 payments lowered?

To lower monthly payments over the long term, you have to ask the bankruptcy court to modify your plan. Cause for modifying your plan to lower your monthly payments includes: having to take a lower-paying job. for self-employed debtors, losing key customers or incurring unanticipated business expenses.

How can I get out of Chapter 13 early?

First, you'll need to formally request an early payoff from all of your creditors and get the court to approve the request. From there, creditors can either accept or reject your request. In most situations, creditors will object to your paying Chapter 13 bankruptcy off early because it goes against the repayment plan.

What is the average monthly payment for Chapter 13?

about $500 to $600 per monthThe average payment for a Chapter 13 case overall is probably about $500 to $600 per month. This information, however, may not be very helpful for your particular situation. It takes into account a large number of low payment amounts where low income debtors are paying very little back.