Legal Question in Bankruptcy in New Jersey

Secured Debt - Auto loans

I am considering filing Chapter 7, and I was advised to buy a new car before filing. If I file, will the loan agency be able to repo the vehicle for non-payment of the loan? Am I still responsible for the payment of the loan or is it dissolved with the remainder of my debt?


Asked on 11/11/04, 1:53 pm

2 Answers from Attorneys

Rafael Gomez Rafael Gomez, Attorney at Law, P.C.

Re: Secured Debt - Auto loans

You can't buy a new car with the expectation that you get to keep it free and clear if you fool the dealer by filing bankruptcy. That's not how the system works. If you file after you buy the car you are still responsible for the loan--you must keep paying it or the car will be repossessed. If you file before you buy the car, you may not qualify for the loan. The only advantage to buying the car before filing is so that you are not automatically rejected by the loan company. But during the bankruptcy you may continue paying for the car and keep it. call me 201-646-9799, I will help you.

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Answered on 11/11/04, 2:48 pm
Alan Albin Alan S. Albin, Attorney at Law

Re: Secured Debt - Auto loans

If you buy a new car, i.e. incurring debt, with foreknowledge that you intend to file bankruptcy, then I infer what you mean to say is that you have no intention of paying the debt on the car loan in full going into the transaction.

I don't know who gave you this "advice", but deliberately entering into a contract with the present intention not to fulfill your obligations under it could be construed as fraud.

Note, this is quite different from someone who buys a new car, intends to pay in full, but then later has to file bankruptcy for whatever reason.

I would say follow the "golden rule." Do unto others as you would have them do unto you. If you think you may need to file bankruptcy soon, the LAST thing you should be thinking about right now is incurring more debt.

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Answered on 11/11/04, 5:54 pm


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