QUESTION

If the primary individual on a vehicle loan files bankruptcy and the secondary non the loan does not will the bank take back the vehicle

Asked on Mar 20th, 2014 on Bankruptcy - Arizona
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1 ANSWER

Personal Injury Attorney serving Fall River, MA at Botelho & Associates, LLC
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To answer your question, the bank will only repossess the vehicle if the loan on the vehicle is not being paid. The simple fact that the primary individual on the vehicle loan is filing chapter 7 bankruptcy does not automatically mean the lender will attempt to repossess the vehicle. The vehicle will only be repossessed if the normal monthly payments are not paid. But the more important question is, will the secondary on the loan be responsible for any deficiency if the vehicle is repossessed and will affect their credit report. The answer is yes then secondary on the loan will be responsible for any deficiency and the repossession and nonpayment of any monthly payments on the car loan will be reflected on their credit report. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147
Answered on Apr 03rd, 2014 at 12:40 PM

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