Will I lose my car if I filed bankruptcy and I am 4 payments behind?

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Will I lose my car if I filed bankruptcy and I am 4 payments behind?

My husband and I filed Chapter 7 2 month ago. I am 4 payments behind on my car and have a reaffirmation hearing 05/10. My husband is disabled although not yet approved for SS disability (we are awaiting yet another hearing). We have one vehicle on which we owe less than $2,600. It is 6 years old, has just over 77,000 miles, needs shocks, tires, struts and has some body damage. I really need this car to get to work, to take my husband to doctor visits, plus he helps an elderly friend to dialysis 3 days per week. We are currently 4 payments behind but want to work at catching up. Do you think they will take my car?

Asked on May 4, 2011 under Bankruptcy Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am s sorry for your situation but I have to say that I think that there is a distinct possibility that they will indeed take your car.  Repossession laws favor the lender - obviously - as to notice, etc.  I am assuming that the way that you have discussed the bankruptcy here that you have listed the vehicle's loan but have reaffirmed the loan, correct?  You may be safe until the reaffirmation hearing on the 10th but I would not put all my faith in that.  I would suggest that you contact the trustee and your attorney to discuss the matter and see if they can intercede with the lender.  Good luck to you.


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