Navigating the complexities of Chapter 13 bankruptcy can be stressful, especially when you’re worried about the fate of your car loan. Your vehicle is not just a means of transportation, it’s often a lifeline to employment, education, and overall well-being.
This article aims to demystify what happens to your car loan after filing for Chapter 13 bankruptcy and provides actionable advice for keeping your vehicle during this challenging time.
Before exploring how Chapter 13 affects your car loan, it’s essential to comprehend what this type of bankruptcy entails. Unlike Chapter 7, which focuses on liquidation, Chapter 13 allows you to reorganize your debts and develop a repayment plan approved by the court.
This repayment plan typically lasts between 3 and 5 years and allows you to keep critical assets, like your home and car, as long as you meet the payment obligations.
Chapter 13 offers a lifeline for individuals who have a steady income but have fallen behind on their debts, providing an avenue to reorganize and catch up.
Your income, expenses, and types of debt will factor into your repayment plan, making each Chapter 13 case unique.
As soon as you file your Chapter 13 paperwork, the court issues an “automatic stay,” a legal injunction that temporarily halts all collection actions from creditors.
For you, this means an immediate pause on car repossession processes, wage garnishments, and other forms of debt collection.
This provides a crucial window of time to get your finances in order and to propose a repayment plan without the immediate threat of losing your vehicle.
However, it’s crucial to note that an automatic stay is not a permanent solution. It’s subject to court review, and failure to stick to the repayment plan can result in the lifting of the stay, putting your car at risk again.
The crux of your Chapter 13 case will be the court-approved repayment plan. The preparation of this plan involves close collaboration between you, your attorney, and the bankruptcy trustee assigned to your case.
Within this repayment plan, your car loan will occupy a specific place and will be treated in one of several ways.
In bankruptcy parlance, a “cramdown” is an option that allows you to reduce the principal balance of your car loan to match the current fair market value of the vehicle.
For instance, if you owe $20,000 on a car currently worth $15,000, a cramdown could reduce your loan amount to $15,000. The remaining $5,000 would then be categorized as unsecured debt, which may be partially discharged at the end of your bankruptcy case.
However, this option comes with a caveat: you must have purchased the vehicle at least 910 days (roughly 2.5 years) before filing for bankruptcy.
If your car loan payments have lapsed but you still wish to keep the vehicle, Chapter 13 enables you to catch up on these arrears.
You’ll incorporate the back payments into your broader repayment plan, making them more manageable by spreading them over the 3 to 5-year timeline.
This strategy works best for people who have had a temporary setback but are now in a financial position to make consistent payments.
In cases where holding onto the car is not feasible, you can opt to surrender it as part of your bankruptcy proceedings.
The lender will sell the car, and any remaining balance—known as a deficiency—becomes part of your Chapter 13 case. In many instances, you won’t be responsible for paying off this deficiency, or you’ll pay only a fraction of it, as it gets categorized as unsecured debt.
It’s important to hire an experienced bankruptcy attorney as one of the steps to take when you’re facing bankruptcy and you need solid guidance and representation.
This is because there are many different types of bankruptcy. Only an experienced lawyer will know which one would work best for your specific situation.
It might seem like it makes sense to do this yourself. But most people don’t have the time or patience to understand all of the intricate details involved in bankruptcy.
That means they make mistakes by not choosing the right type, or by not filling out paperwork correctly. Both things could lead to delays and ultimately hurt your chances of getting any debt relief at all.
This is not a journey to take lightly, but it is also not one to take alone. So, if you need to file for bankruptcy, reach out to us today to start your journey with us.
To learn more about the options you have and the steps to take, call us for a free consultation.
Parker and DuFresne