Three Car Options in Chapter 7

On Monday, I touched on cramming down a car loan in a Chapter 13 bankruptcy . Today, I wanted to touch on the three car options available to debtors who are filing Chapter 7 :

  • Surrender – This option is typically beneficial if you owe more than your vehicle is worth or if your car is too expensive. Surrendering a car will mean you no longer owe the remaining balance on the loan. The major drawback to surrender is that you will obviously have to find another mode of transportation. Furthermore, the bankruptcy filing will also result in higher interest rates through subprime lenders, meaning many people who surrender their vehicles in Chapter 7 cases have to settle for vehicles that are not as nice as the ones they gave up.
  • Reaffirmation – Instead of surrendering a car, this option allows you to continue to be responsible for a car loan as though you never filed bankruptcy. If you are able to demonstrate that you need the automobile, you can sign an agreement with the lender indicating you will continue paying for the car. However, a debtor reaffirming a car loan becomes liable for the auto loan. This means that if the lender repossesses the vehicle to sell at auction because you miss payments after the bankruptcy discharge, you will be responsible for the deficiency balance and auction fees.
  • Redemption – This is certainly the least used option of the three I have listed here, because it requires you to pay the lender the current value of the car in one lump sum. This can be great in the sense that you keep the car and no longer have to worry about monthly payments, but it can be extraordinarily difficult to come up with the amount needed for the lump sum payment. Furthermore, you also need to agree with the lender on the valuation of the vehicle, which can be easier said than done.

Have you been thinking about filing bankruptcy, but are concerned about what will happen with your car? If so, you should contact my firm today at (866) 930-7482 to schedule an initial consultation where I can tell you what all of your options are.

Benjamin Brand Services – Chicago bankruptcy attorney

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