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How to file for bankruptcy and keep your car Advertiser Disclosure Advertiser Disclosure We are an independent, advertising-supported comparison service. Our mission is to help you make better financial choices by offering interactive tools and financial calculators as well as publishing informative and trustworthy content, by enabling you to conduct research and compare information for free and help you make financial decisions with confidence. Bankrate has agreements with issuers including, but not limited to, American Express, Bank of America, Capital One, Chase, Citi and Discover. How We Make Money The deals that are advertised on this website are provided by companies that compensate us. This compensation can affect the way and when products are featured on this website, for example the sequence in which they appear within the listing categories in the event that they are not permitted by law for our mortgage home equity, mortgage and other home loan products. However, this compensation will not influence the content we publish or the reviews appear on this website. We do not include the entire universe of businesses or financial deals that may be available to you.



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5 min read published on March 20, 2023.
Writen by Mia Taylor Written by Contributing Writer

Mia Taylor is a contributor to Bankrate and an award-winning journalist who has two decades of experience and worked as a staff reporter or contributor for some of the nation's leading newspapers and websites including The Atlanta Journal-Constitution, the San Diego Union-Tribune, TheStreet, MSN and Credit.com.







Edited by Rhys Subitch Edited by Auto loans editor

Rhys has been editing and writing for Bankrate from late 2021. They are passionate about helping readers gain the confidence to take control of their finances by providing concise, well-researched and well-researched content that breaks down otherwise complex topics into manageable bites.









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If you're thinking of doing so alternatives, there are some that can help you keep your vehicle from being repossessed even if haven't fully repaid your auto loan. In many states, you may be able avoid repossession of your vehicle through bankruptcy code exemptions, but the laws vary from state to state. Are you able to protect your vehicle by filing bankruptcy?
Both Chapter 7 and Chapter 13 bankruptcy have provisions that you may be able to keep a vehicle that you purchased with a secured loan.


How do you keep your car through Chapter 7 bankruptcy Car loans are secured by the vehicle, which means that it is used as collateral to secure the loan. Because the car serves in the capacity of collateral it could be taken away by the lender if you fail to keep up with the payments. However in Chapter 7, the most frequent bankruptcy for individuals has a number of options for hanging on to your vehicle. "To keep your car while being in Chapter 7, the debtor has to be current and current with the lender, perform a 'redemption,' which involves paying back the lender or executing a 'reaffirmation,' which could mean altering the loan conditions, however this requires lender approval," says Lamar Hawkins, a bankruptcy attorney with Guidant Law. Here's how redemption and reaffirmation are done: Redemption: Obtaining redemption is a way to pay your creditors for the current reasonable market value. If you're able to make this happen it could make your things easier in the future because you'll have eliminated car payments. But because most people file bankruptcy during a time when cash isn't readily available and available, this might not be a viable option. Reaffirm: This option allows you to make payments on your loan as before filing for bankruptcy. In reaffirming your debt, you agree a second time to make payments in accordance with a plan that you and your creditor and may also include revised loan terms. Tips from Bankrate
If neither option is working financially for you You can also surrender your vehicle to the creditor and get the debt eliminated.


"When you are granted a Chapter 7 Discharge, you are no longer liable for personal responsibility to pay your loan," says Pennsylvania-based bankruptcy lawyer Dai Rosenblum. "All the creditor is able to do is take their collateral -that is, your vehicle. They are not able to sue you for money." The bankruptcy exemptions when filing in Chapter 7, your assets are sold or liquidated to pay your creditors. However, a bankruptcy court permits that you keep certain amount of your property up to a specific monetary value, according to Debt.org. This is known as the "exemption." This is the Federal exemption limit is $4,000. However, many States have their own exempt limits which must be followed -- some states' exemptions are higher than $4,000 and some are less. What you can expect to receive for your car in a bankruptcy filing does not depend on the price you paid for it. In the majority of states, value is tied to the value of the car's cash value determined by factors like the year, model, and mileage. Automotive industry sources such as Kelley Blue Book or Edmunds could be utilized to determine the value of your car. If the current value of your car is determined to be lower than your state's exemption limit, then you'll be able to keep the vehicle even when you file for bankruptcy. In contrast, if the car is more valuable than the exemption, a bankruptcy trustee may opt to sell the vehicle in order to repay your debts. Here's how it works If the exemption for your state is $4,000, and your vehicle's value is $2,000, you will likely be allowed to keep the vehicle because it's value is less that the amount of exemption. If you're on the other side the exemption in your state is $4,000, and your car is worth $10,000, the bankruptcy trustee could take the car off the market and use the profits to pay off your debt. There are a variety of reasons why you should not keep your vehicle during Chapter 7 bankruptcy Keeping your car may not always be feasible when making a Chapter 7 bankruptcy. In some cases, it doesn't make sense financially to try and hang on to the vehicle. When sorting through these questions, the value of your car and your equity in the car will play an important role. The equity in your car and bankruptcy are similar as a mortgage on a home, equity is determined by subtracting the amount you owe on your car loan from the vehicle's current market value. "For instance, if you have a car with an estimated fair market value of $10,000, and a $1000 loan amount, you'll have $9,000 equity," says Rosenblum. If the equity is higher than the exemption the bankruptcy trustee can decide to sell the vehicle and put the proceeds towards the repayment of your debts. It's not economically sensible to keep the car. Lastly consider keeping in mind that if the vehicle's value at the moment is on the car loan and you want to keep the car won't necessarily be a wise financial move. "Very often, the loan balance is more than the value of the vehicle and, if there is no way or desire to keep the car, the person filing bankruptcy lets it go," says Michael Sullivan an expert in personal finance with the nonprofit financial counseling company Take Charge America. How to save your car during Chapter 13 bankruptcy Chapter 13 bankruptcy provides you with a number of options to keep your car. "The Chapter 7 framework is the basis of Chapter 13," says Rosenblum. "But when you enter Chapter 13, you reorganize your debt." Creating a payment plan As an element in Chapter 13 debt reorganization, a three- to five-year repayment plan will be developed which takes into account your earnings and assets. The aim in the Chapter 13 process is to enable you to retain your possessions, which includes your car, while paying the debt. Additionally, if you're behind on your payments, the process will oblige you to make up the gap and pay your debt on time going forward. The conditions for your loan The court could also require that the lender revise the car loan conditions, such as decreasing the interest rate which is another way to aid in keeping the car. The terms will be revised, and the monthly payments will be lower. "A Rewrite of the debt owed to the lender could be done by way of a Chapter 13 plan, and market conditions can be imposed upon the lender," says Hawkins. Reduce the loan amount altering auto loan terms in the context of Chapter 13 may also include what's known as a "cramdown," which reduces the amount you must pay the lender according to the vehicle's reasonable market value. The timing of your car purchase is an important factor in the process of cramdown. In particular, there is a rule of 910 that applies to cramdowns. Newer cars: If you bought your car within 910 days of bankruptcy filing, you are required to be able to pay the entire amount of the loan however, your interest rate may be reduced. Older cars: If bought your car after 910 days before filing bankruptcy You're only required to pay back the vehicle's reasonable market price. The reasons you shouldn't keep your vehicle during Chapter 13 bankruptcy In certain circumstances, it may not be feasible to keep your car when trying to file for Chapter 13, or hanging on to your car might not be the best option. Some instances where this might hold true include: The loan has been in arrears and you don't have the funds in order to make the loan current or the ability to pay the monthly installments. In this case you might have to sell the car. The vehicle is not in good shape or is not reliable. In these situations, selling the car could be a better option. The car is highly valuable, and selling it could provide cash in order to repay your obligations. You own a substantial equity in the car, which is greater than the bankruptcy exemption levels in your state. The bottom line Filing bankruptcy does not automatically mean that a car bought with secured loan is repossessed. In the both Chapter 7 and Chapter 13 bankruptcy codes, provisions protect your car. Working with a bankruptcy attorney will help you determine which bankruptcy option makes the most sense for your personal financial situation.


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Written by a Contributing Writer

Mia Taylor is a contributor to Bankrate and an award-winning journalist who has two decades of experience and worked as a staff reporter or contributor for some of the nation's leading newspapers and websites including The Atlanta Journal-Constitution, the San Diego Union-Tribune, TheStreet, MSN and Credit.com.



The edit was done by Rhys Subitch Edited by Auto loans editor

Rhys has been editing and writing for Bankrate from late 2021. They are passionate about helping readers gain confidence to take control of their finances by providing clear, well-researched information that break down complicated topics into digestible chunks.






Auto loans editor




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