Do I have to pay auto loans when I'm about to file bankruptcy?

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Question:

Do I have to pay auto loans when I'm about to file bankruptcy?

Answer:

Debtors who are in default on their auto loans when about to file bankruptcy should consult with a bankruptcy attorney. You risk having your car repossessed by your creditor if you are in default because most auto loan agreements allow your creditor to repossess the car at any time you default. If you don't want to take a chance that your car gets repossessed and you can afford to make the payment, then you may want to pay your car loan payment, especially if you are planning on keeping it. However, once you file bankruptcy, the bankruptcy stops your creditors from collecting a debt against you until the bankruptcy is discharged. If you want to keep the car, you can reaffirm the debt. You must be pay any arrearages and keep making your payments on time, or the finance company can repossess the car. You can redeem the car by paying your finance company a lump sum payment for the fair market value of the car. If you owe more on your loan balance than fair market value, the finance company has to write off the difference between the loan balance and the fair market value. Chapter 7 allows you to claim statutory state or federal exemptions for your car and house, while Chapter 13 allows you to keep your assets and enter into a repayment plan over 3-5 years with your creditors. After you complete the plan, the bankruptcy is discharged. 

Bankruptcy is complicated. You should hire a bankruptcy attorney to represent you. The attorney can advise you which Bankruptcy Chapter to file under, file your bankruptcy petition, negotiate with your auto loan finance company and other creditors and represent you in court.          

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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