QUESTION

When you file for bankruptcy, and you have two car loans, but are only unable to pay one, can you leave off the car, or keep the car and just claim th

Asked on Jan 25th, 2018 on Bankruptcy - Texas
More details to this question:
Overwhelming debt
Report Abuse

1 ANSWER

Min Gyu (Peter) Kim
Good afternoon Your question cut off a little bit, but correct me if Im wrong, but it sounds like you are asking if you can keep both cars if you can only afford to keep only 1 based on your budget? Couple of things to keep in mind, 1) if you are filing a Chp7 bankruptcy, you have to be current on your secured debts (ie car note, mortgage, etc) and sign a reaffirmation agreement to keep the car and continue making payments on it under the original contract. (There are exception to that rule where you can potentially redeem the secured asset where you pay the value rather then what is owed, but it will be fact intensive) 2) If you are behind on your secured debts and you are wanting to keep the asset/car, your only other option is to file a Chp 13 bankruptcy. The chp 13 bankruptcy is where you are in a bankruptcy for a period of 3-5 years (depending on your income). The chp 13 will essentially "refinance" the car in the chp 13 bankruptcy where regardless you are behind or not, we get the total claim owed on the car and strech it out for the life of your chp 13 case (either 3 yrs or up to 5 yrs). At the same time we are able reduce your interest down to 5.5% interest (prime +1%). Based on this calculation your monthly paymetns may reduce. At the same time if you had purchase the car more then 910 days (about 2 1/2 years) you can utilitze a unique aspect of the chp 13 bankruptcy where you pay just the value rather then what is owed (ie value is $15k but you owe $25k, in the chp 13 you end up paying just the 15k and the remaining balance is treated as unsecured debt) Before you file the bankruptcy, please make sure you inform your attorney your status with the cars/secured debt (it is always advise to seek an attorney to assist you on your bankruptcy options)  If you are located in Houston, you can always contact me for assistance as well! Min Gyu Kim (Peter) Attorney at Law Law Firm of Min Gyu Kim PLLC   Galleria Office 2100 West Loop South, Suite 805 Houston, TX 77027 Tel: (713) 259-3929 email: minkim@kimlylaw.com
Answered on Jan 30th, 2018 at 2:35 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters