Can bankruptcy stop a repossession?

Question Details:

I am delinquent on vehicle, considering bankruptcy. Have a lot of medical debt as well.

Asked 10/19/2009 under Bankruptcy | 543 View(s) | More Legal Topics

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Bankruptcy Law Answers

There are some options open to you in bankruptcy regarding a car loan. Surrender your vehicle.  You turn in the car and the lender will sell it. Typically for less than you owe. The remaining balance ("the deficiency balance") should be eliminated in your bankruptcy. Reaffirm your exiating car loan.  Reaffirming a loan means that if you fail to make payments after your bankruptcy is closed, and the lender repossesses the vehicle, you can be sued for the deficiency balance.  However, if you re-affirm you will keep receiving statements and balance updates,and this will help you to re-establish your credit.  many lenders require a re-affirmation but, in some cases if the car balance is very low, you can keep the vehicle and  continue making payments without havingto reaffirm the loan (although you won't re-establish your credit this way).  if you stop making payments your car will be repossessed but you will not be liable for the deficiency balance.  Redeem your car loan.  Bankruptcy law permits a car owner to reduce the current car balance to the fair market value.  So, for example, if you owe $13,000 and the car is worth only $10,000, then you may be eligible to reduce the car balance by $3,000 with a new, post-bankruptcy loan.  This is called, "Redemption".  Although you must typically own the car for at least 910 days prior to filing bankruptcy to be eligible.  These are your options available to you.  You really should consider consult with a bankruptcy attorney in your area.

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