QUESTION

Can we put a car loan on our bankruptcy and still keep our vehicles?

Asked on Feb 09th, 2011 on Bankruptcy - New Hampshire
More details to this question:
We are going to file Chapter 13 and we have 2 cars that are collateral for a loan we received. Can we put the loan on the bankruptcy (trustee pay it with everything else) and still keep the vehicles. Both vehicles are older 1998 and a 2000 and resale is around $3000.
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3 ANSWERS

William C. Gosnell
Yes, you can.
Answered on Feb 10th, 2011 at 6:13 AM

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Bankruptcy Attorney serving Hayward, CA at Carballo Law Offices
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I would say yes and you can probably discharge any loan amount over the value of the vehicles. That is called a "cram down". You pay the value of the vehicles only and not the loan balance assuming you either bought the vehicles over 30 months ago or the loans on the vehicles are refinancing of the original loans used to purchase the vehicles. If you are able to do a cram down then you must put the vehicles in the plan and the loan payments are to be included in the plan payment amount. If you are not able to cram down the vehicles, then it depends on where you are filing the case as to whether you need to include the vehicle loan payments in the plan payment or pay those loans directly to the creditor. In some areas the trustee requires that all vehicle loan payments be included in the plan payment and in other areas the trustee allows direct payment of vehicle loans when the vehicle is not going to be crammed down. Direct loan payment is better if you cannot cram down the loans because plan payments must include a percentage for the Chapter 13 trustee's commission which is generally 8 to 10%. You also have the option to surrender the vehicles and discharge the loan balances.
Answered on Feb 09th, 2011 at 8:58 PM

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Family Law Attorney serving Kingston, NH at DiManna Law Office, LLC
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Based on the information you have provided, it sounds like you would be able to keep the cars as long as your plan is confirmed and you are able to make the plan payments.
Answered on Feb 09th, 2011 at 5:43 PM

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