How will filing for bankruptcy affect my car loan?

Question Details:

I am going to have to file bankruptcy due to medical and credit card debt. The problem is that I am on a car loan with my mother. I am going to keep paying on it and do not want it included in the bankruptcy. Can I do this? And will this hurt her credit?

Asked 11/10/2009 under Bankruptcy | 534 View(s) | More Legal Topics

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Bankruptcy Law Answers

You have several options here.  First of all you could "reaffirm" your existing car loan. Reaffirming a loan means that if you fail to make payments after your bankruptcy is closed, you remain liable on the loan.  So if your lender repossesses your car, you can be sued for the "deficiency balance"(the difference between your car loan and what it is sold for).  By reaffirming you can also start to re-build your credit since your payments will be reflected on your credit report.  With a reaffirmation of your loan, your co-signer will remain liable as well.  Additionally, in some cases however, when the car balance is very low, you can keep the vehicle, continue making payments and not have to reaffirm the loan.  However, you will not receive monthly statements, therefore this does not get reported on your credit report. The bankruptcy code permits a car owner to reduce the current car balance to the fair market value.  For example, if you owe $12,000 and the car is worth only $9,000, then you may be eligible to reduce the car balance by $2,000 with a new, post-bankruptcy loan.  In bankruptcy this is called, "redemption".  Generally, however,  you must own the car for at least 910 days before filing bankruptcy to qualify for a car redemption loan.  In a redemption situation some companies will work out deals with you and a new lender to refinance your car.  Additionally, if a new loan is obtained, you co-signer is released from liability. You could also surrender you rvehicle and the dealer could sell it. But since you state that you want to keep it this option really isn't something that you want to do (also your mother would remain liable for any deficient after the car was sold).  At this point, you really should consult with a bankruptcy attorney ion your area.

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