Legal Question in Bankruptcy in Texas

Thinking about filing Chapter 7.... Do I have to be current on my auto loan to keep it when filing chapter 7? I am behind 2 months. Do I need get the pymt caught up before?


Asked on 2/20/11, 7:34 pm

1 Answer from Attorneys

Andrew Nichols Law Office of Andrew B. Nichols

Short answer --- it would be best if you were current. Once your case is filed no creditor can take action against you such as repossession. So you will have a short term reprieve if you are behind. However, there is some chance that the auto creditor would instruct their bankruptcy attorneys to file a special motion in your case asking the judge for permission to repossess. If this were to occur you could still manage to keep your car but you would have to make arrangements to promptly become current. You do have some flexibility and wiggle room so I might advise you to only be one payment behind when you file. If you are attempting to file without an attorney (something I never suggest) then you probably should be current. Please feel free to visit our website at www.northtexasdebtfreedom.com

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Answered on 2/21/11, 7:04 am


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