How do I file for bankruptcy on a car loan?

UPDATED: Jan 23, 2015

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How do I file for bankruptcy on a car loan?

Asked on January 23, 2015 under Bankruptcy Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

First of all, I'll assume that you are going to file for a Chapter 7 bankruptcy.

Once you file, you will need to let the bankruptcy court know what you want to surernder your car (i.e. turn it in to the lender) by filing an official form called the "Statement of Intention" along with your other bankruptcy papers, as well as mailing a separate copy of the form to your auto lender (if you are leasing your car, you can either reject the lease on the form). This will relieve you of any further liability on the debt.

What you can do now is to consult with a banktuptcy attorney as to all of this. You can also file on your own but filing for bankrtuptcy can be a time-consuming and confusing process, so you may want legal representation.


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