When you fall behind on your auto payments, there's a good possibility the bank will repossess the vehicle and sell it to satisfy your loan obligation. Filing chapter 13 bankruptcy can prevent that from happening and, in some cases, reduce the amount you actually owe. Here are two ways to use chapter 13 bankruptcy to manage your past due car note and avoid repossession
Cramdown the Loan
A legal maneuver you can perform during a chapter 13 bankruptcy to deal with an overdue car loan is a cramdown.
One of the benefits you will receive when filing for bankruptcy is something called an automatic stay, which is an order given by the court to your creditors that prevents them from contacting you for the money you owe them. If you file for bankruptcy and receive any correspondence from a creditor that you listed on your bankruptcy documents, you might be able to take action against this creditor for violating the automatic stay.
Personal loans and credit card bills are considered unsecured debts. A home mortgage is considered a secured debt. If you have racked up numerous bills in both categories and can't afford to make monthly payments without some heavy sacrifices, you may think that your life will forever be burdened by your past financial mistakes. Chapter 13 bankruptcy is an option that will restructure your debts and allow you more time to pay them.
Your start-up means everything to you, but if it's in trouble, you shouldn't allow it to destroy your life, financially or otherwise. While it may be hard to admit it's failing, losing your life savings, all your hard work and possibly the relationships that matter most to you would be even harder. Take a deep breath and a step back to decide if you should abandon the sinking ship or if it can realistically be saved.
Declaring bankruptcy can mean different things depending on what "chapter" you choose. Chapter 7 bankruptcy and chapter 13 are the most common types of consumer bankruptcy, and they are very different in the way they take care of your debt problems. To help you decide which one you should use, you need to know what you wish from your bankruptcy filing. Read on to learn more.
This is the most common chapter and for good reason.