I'm unemployed and I have a car loan. I've struggled to pay the note since losing my job and fell behind a few payments. If I file for a BK would I be able to keep my car?
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Read More Answered By: Norma Duenas |
If you file for Chapter 7 bankruptcy while you are not current on your payments then you will have difficulty keeping your vehicle unless you directly talk to the company and arrange a repayment option that they agree with. Generally if you are not current on your vehicle and you file for Chapter 7 bankruptcy, they will file a motion to lift stay. Once the motion is approved they will have a right to repossess the vehicle. If you want to keep your vehicle and you are behind on your payments then Chapter 13 bankruptcy can allow you to keep your vehicle and repay the vehicle as part of your Chapter 13 plan. Chapter 13 bankruptcy may not be feasible for you since you indicated that you are unemployed and Chapter 13 bankruptcy requires regular consistent income. You should talk to a bankruptcy attorney to assess your options. If you need more information on bankruptcy you can visit our faq's at http://www.socaladvocates.com/faqs |
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