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  • Can Bankruptcy Stop Car Repossession?

    Are you falling behind in your monthly car loan payments? The lender that gave you the loan to buy the car may think about reprocessing the vehicle if you don’t make your payments on time or at all. An automatic stay prevents your lender from pursuing collection efforts after you file for Chapter 7 bankruptcy. So, can bankruptcy stop a vehicle repossession? This blog explores how you can avoid car repossession by filing bankruptcy and what other options you have to prevent your lender from repossessing your car. 

    How Does Bankruptcy Affect Car Repossession?

    A bankruptcy law provision known as an “automatic stay” takes effect automatically upon filing and is considered an essential step in the bankruptcy process. It effectively gives the debtor a temporary “breathing room” to reorganize their finances while shielding them from creditor lawsuits, foreclosures, and garnishments by immediately prohibiting creditors from pursuing any collection actions against them or their property after filing a bankruptcy petition.

    Stop Car Repossession with Bankruptcy

    Car Repossession Temporary Relief

    You will still have to make car payments with temporary relief solutions, but repossession gets delayed. You can request a forbearance, which temporarily pauses your car payments. Another option is to apply for deferment, allowing you to pay for missed car payments at the end of your car loan. If these solutions do not work out, you can informally engage with your lender for car loan readjustments.

    Car Repossession Permanent Relief

    Permanent solutions can allow you to keep your car without fear of repossession. You can settle the entire amount owed, including any late car loan payments. Moreover, you can refinance, which replaces your existing debt with a more manageable one, provided your credit is good. In contrast to forceful repossession, voluntary vehicle handover may minimize additional costs and harm to your credit. If a lender repossesses your car due to unpaid payments, it can hurt your credit score and add other costs.

    Chapter 13 Bankruptcy to Avoid Repossession

    Bankruptcy under Chapter 7 and Car Repossession

    Chapter 7 bankruptcy can be helpful if you’re having financial difficulties and are in danger of having your car repossessed. Most unsecured debts are discharged, and an automatic stay is put in place to prevent repossession temporarily. You must take action against secured debt, such as car loans, to keep your vehicle.

    Agreement for Reaffirmation of Continued Loan Payments

    Reaffirmation agreements are legally enforceable contracts in which you and the lender agree to keep up your payments as though you had never filed for bankruptcy. According to the bankruptcy code, maintaining your loan payments is essential to prevent car repossession. Reaffirmation also means you are still liable for further payments because the debt will not be discharged in bankruptcy. If you keep your end of the bargain, the lender cannot take the car back.

    Reaffirmation is helpful if your monthly payments are reasonable and you depend on your car for everyday tasks or employment. An affordable repayment plan can be pivotal in ensuring these payments remain manageable. Repossession without bankruptcy protection could occur if payments are not made after reaffirming.

    How to Stop Repossession

    Redemption

    Instead of making ongoing loan payments, redemption enables you to pay off the car’s current fair market value as a lump if you owe more than it is worth. Although it can be challenging to come up with a large lump amount, this can be an excellent strategy to eliminate negative equity. Some borrowers seek redemption loans from specialty lenders to avoid their vehicle repossession.

    Preventing Car Possession While Filing for Chapter 13

    Avoiding car repossession may be possible by declaring Chapter 13 bankruptcy. If you file bankruptcy under Chapter 13, an automatic stay prevents the lender from repossessing your vehicle until the judge approves your debt payback schedule. The lender cannot repossess your car if the plan covers current and past-due payments and you continue to make them.

    Stopping Cars from Repossession With a Bankruptcy Case?

    Repossession of the vehicle is uncommon if you cannot cure your default or catch up on your car payments. Your lender would prefer to receive full payment from you, including interest payments, rather than attempt to sell a used car worth less than the loan because a car’s value decreases dramatically and quickly after purchase.

    In certain instances, during bankruptcy proceedings, a lender will lower the principal balance or the payment amount after learning that bankruptcy will discharge the remaining loan debt if the vehicle is repossessed. You will confirm the debt if you sign a new loan arrangement with the lender, meaning you will still be personally responsible for the loan even after your bankruptcy is discharged.

    Prevent Car Repossession in Tennessee

    How to Repurchase a Car After Repossession?

    If the lender sells the vehicle privately, you may be entitled to know the date of the sale. You can repurchase the car if you pay off the entire loan sum plus any repossession and storage costs before the sale. This right is referred to as the right of redemption, and each state has a different window of time to exercise this privilege.

    If you need assistance with personal or business bankruptcy and filing in Tennessee, reach out to The Pope Firm and Charles Pope, Attorney At Law.

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    Stop Vehicle Repossession With The Pope Firm

    Depending on your unique financial circumstances and the sort of bankruptcy you file for, bankruptcy may be a very effective way to prevent car repossession. While Chapter 13 offers a longer-term option by enabling you to reorganize your payments, Chapter 7 may provide temporary relief through the automatic stay. 

    To choose the best course of action, comprehend the legal ramifications and speak with expert bankruptcy lawyers at The Pope Firm. Examining bankruptcy as a possibility could help you recover financial control and keep your car if you’re having trouble making payments and are in danger of getting it repossessed by your lender. Call our Bankruptcy attorneys for more information.

    Bankruptcy Lawyers in Johnson City