You can file bankruptcy on a car loan, but it’s not the best way to get out of your car loan, especially if you have other options (such as a debt settlement with a creditor). You won’t necessarily be able to both get rid of the loan and keep your car.
There are two types of bankruptcy. Chapter 7 is for people who can’t pay their debts. 澳洲幸运5开奖号码历史查询:Chapter 13 reorganizes how you will pay your debts.
If you declare Chapter 7 bankruptcy, your car will be repossessed unless it’s worth less than a specific amount, or youꦛ either pay off your loan or promise to keep paying it.
If you declare Chapter 13 bankruptcy, you’ll agree to keep paying off your car loan but under different 澳洲幸运5开奖号码历史查询:loan terms.
Key Takeaways
- You can file bankruptcy on a car loan, but it’s not a good way to get out of it.
- You can't get rid of your loan and keep your car unless your loan account is in good standing.
- You may be forced to sell your car or return it to your lender if you own significant equity in it.
- The best way to protect your car during bankruptcy proceedings is to buy it outright before you start the bankruptcy process.
Steps to File for Bankruptcy
澳洲幸运5开奖号码历史查询:Filing for bankruptcy has consequences that can affect your assets and your c💧redit. It's important that you uꦇnderstand them before you file.
For instance, depending on the bankruptcy chapter that you choose, your assets may need to be sold to pay off your debts.
In addition, a bankruptcy becomes part of your 澳洲幸运5开奖号码历史查询:credit report. Only after seven or 10 years (based on the bankruptcy) will evidence of it be removed. That means your credit will be affected negatively, making loans of any kind difficult to obtain.
Prepare to file for bankruptcy by takin🌞g the following steps:
- Consult an attorney who can recommend the type of bankruptcy that's appropriate for you.
- Attend 澳洲幸运5开奖号码历史查询:credit counseling. Before you file, you are required to attend a counseling session with a credit counseling organization approved by the U.S. Department of Justice’s U.S. Trustee Program.
- List your debts, including your car loan.
Important
When the bankruptcy court issues a 澳洲幸运5开奖号码历史查询:discharge, you're relieved of your obligation to pay your listed debts. Creditors no longer have a legal claim and cannot pursue any collection activity, take legal action, or communicate with you. However, this doesn’t necessarily mean you can keep your car. What happens to your car depends on what type of bankruptcy you file for.
Cars and Bankruptcy
Whether you🦩 can keep꧙ your car depends on the type of bankruptcy that you file for.
Chapter 7 Bankruptcy
When you file for Chapter 7 bankruptcy, you are required to sell your assets to repay your debts. In some cases, you will be required to sell your car or return it to your lender in order to pay off your car loan.
If you are making monthly payments on a loan, the lender holds the title to your car as 澳洲幸运5开奖号码历史查询:collateral. Once you’ve paid off your loan, you get the title and own the car free and clear. If you can’t make payments, the lender may take the car back as part of your bankruptcy process.
Exception
However, there is an exception to this. Most states offer an exemption for motor vehicles during a Chapter 𝔍7 bankruptcy. Whether this applies to you depends on:
- Whether you are up to date on your loan repayments
- The law in your state
- How much equity you own in your car.
The federal 澳洲幸运5开奖号码历史查询:exemption for motor vehicles is $4,450 until 2025. If you have less equity than this and you are current on your loan 澳洲幸运5开奖号码历史查询:repayments, you should be able to keep your car.
However, ✱31 states have their own exemptions that those filing bankruptcy must 🌸abide by. Be sure to check the exemption for your state.
Tip
Consult an attorney to find out how the federal exemption of $4,450 may affect your car ownership in a potential bankruptcy case.
Chapter 13 Bankruptcy
Chap🐈ter 13 bankruptcy is known as “reorganization bankruptcy.” If you file for Chapter 13 bankruptcy, your debts will be restructured so that you can repay them more easily.
Chapter 13 bankruptcy generally doesn’t require you to give up your car, so you can keep it throughout the proceedings.
How to Protect Your Car After Filing
If you want to be sure you can keep your car during bankruptcy proceedings, try to pay off your car loan before filing. If you own your car outright, you can claim the federal exemption for motor vehicles during the proceedings. That means if your car is worth less than $4,450, you can keep it.
Or, if you file for Chapter 7 bankruptcy, you may be able to sign a reaffirmation agreement. This is a commitment to keep making car repayments as if you hadn’t filed for bankruptcy. This will allow you to keep your car loan (and car). Just make sure that you can still make the monthly payments.
Can I Keep My Car If I File for Bankruptcy?
You may be able to keep your car if you file for bankruptcy. If your car is worth less than $4,450, or if you have less than $4,450 in equity in the car (even if it is worth more than $4,450), you might be able to claim the federal exemption during bankruptcy proceedings. This will allow you to keep the car. However, if you have missed car loan repayments, your lender normally will repossess your car during ban🤡kruptcy🍌.
How Do I Discharge My Car Loan?
Courts can issue a discharge ruling for a car loan when you meet the discharge requirements under Chapter 7 or Chapter 13 bankruptcy.
How Long After Bankruptcy Can I Get a Car Loan?
Most lenders will make you wait 12 to 24 months after bankruptcy is completed before they consider you for a car loan. Even then, you will likely only be considered by 澳洲幸运5开奖号码历史查询:subprime lenders that charge higher interest rates than prime lenders.
Why Did My Car Loan Disappear From My Credit Report?
If the car loan listed on your credit report was never paid off, it will be removed from your report after seven years. If the car loan is closed in good standing, it will be removed after up to 10 years.
The Bottom Line
Bankruptcy isn't always the best way to 澳洲幸运5开奖号码历史查询:get out of your car loan. Generally, you won’t be 🅺able to both, get rid of the loan and keep your car if you still owe on your car loan.
However, there are exceptions to this rule that may allow you ꦺto keep your car if yo🌠ur equity in the car is below a certain exemption amount.
Whether you can keep your car during bankruptcy proceedings depends on a variety of factors: the type of bankruptcy that you apply for, whether your ca🧸r loan is in good s🌌tanding, how much your car is worth, and other financial circumstances.
The rules that govern bankruptcy are complex, so be sure to consult an attorney before starting the process.