QUESTION

Can the loan company call in the loan and make the whole loan due immediately?

Asked on Oct 09th, 2013 on Bankruptcy - Colorado
More details to this question:
I file for bankruptcy, and re-affirm my truck loan, which is current on payments. I owe $21,000 on the truck yet.
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8 ANSWERS

General Practice Attorney serving Coeur d'Alene, ID at Michael B. McFarland, PA
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If you are current on payments when you file a Chapter 7 bankruptcy, you generally have the option of reaffirming the debt and continuing to make your payments, but why would you want to? Unless the truck is a semi, used for generating income, it makes little sense to stay tied to such an expensive truck or any personal vehicle, for that matter. There are plenty of reliable vehicles that can be had for two or three-thousand dollars. If you have equity in the vehicle, you could sell it and use the funds you net to pay cash for something inexpensive, make car payments to your savings account, and then pay cash for something nicer as you are able. If you have no equity, or are upside-down, you should surrender it in a Chapter 7. If you really need it, and are upside-down, or paying a high interest rate, consider a Chapter 13, where you can adjust the value to what it's worth, at market interest. Before deciding, you should consult with an experienced bankruptcy attorney to get a handle on your options.
Answered on Oct 15th, 2013 at 7:07 PM

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Commercial Bankruptcy Attorney serving Davie, FL at Law Office of Jeffrey Solomon
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When you reaffirm a motor vehicle loan in bankruptcy it is as if you had not filed bankruptcy on that loan. You would continue to make your monthly payments. Your lender cannot accelerate or call the full balance of the loan. You can continue to pay on the original terms of the loan.
Answered on Oct 10th, 2013 at 12:38 PM

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Personal Injury Attorney serving Glendale, CA at JT Legal Group
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It all depends on the underlying facts but if the bankruptcy was the reason for the default, then they generally cannot do that.
Answered on Oct 10th, 2013 at 11:22 AM

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William Rhymer
If you timely signed and filed a Reaffirmation Agreement in your case, then the finance company can only accelerate the debt if you violate the terms of the Reaffirmation Agreement after the agreement is filed.
Answered on Oct 10th, 2013 at 11:04 AM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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What are the terms of the reaffirmation agreement? When you reaffirm a debt, the terms of this new agreement control how you must pay this debt.
Answered on Oct 10th, 2013 at 10:38 AM

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Bankruptcy Attorney serving Oakland, CA at Elkington Law
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I can't see any reason that your loan can be called. You are, in fact, reaffirming terms of that loan, which binds you AND THE LENDER. Stay current and keep your vehicle insurance up and you should be fine.
Answered on Oct 10th, 2013 at 10:31 AM

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Deborah F. Bowinski
First of all, I'm not sure reaffirming a loan with that large a balance makes good sense. Second of all, if you reaffirm the loan then the terms of the loan become legally enforceable so you must look to your loan papers to determine when an if the lender can accelerate the loan and call the entire amount due.
Answered on Oct 10th, 2013 at 10:30 AM

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Bankruptcy Attorney serving Las Vegas, NV
2 Awards
No, your truck loan is current therefore you do not even need to sign a reaffirmation agreement. You just keep making a regular payment.
Answered on Oct 10th, 2013 at 10:30 AM

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