Bankruptcy Law, Car Repossession, Consumer Bankruptcy

What Happens to My Car During Bankruptcy?

Will filing for bankruptcy cause me to lose my car? The fear of losing everything is a very real fear for many bankruptcy filers. However, this is one of the most common bankruptcy myths, and can keep individuals who are drowning financially from filing for bankruptcy. One concern many filers have is, what will happen to my car during bankruptcy?

The good news is most filers will be able to keep their vehicles after filing for bankruptcy. Florida bankruptcy laws offer generous exemptions which allow individuals to keep various types of property, including their vehicle. Under the Florida Motor Vehicle Exemption, bankruptcy filers can exempt up to $1,000 in motor vehicle equity. This amount can be even more if a married couple is filing for bankruptcy jointly.

Debt Relief

A Staggering Number of U.S. Borrowers are Underwater on their Auto Loans

Purchasing a vehicle is oftentimes a necessary expenditure. A vehicle is needed to get to and from work or driving to school, but for many Americans, buying a car means taking on a large amount of debt. As they trade in their current vehicles for a newer model, many are resorting to taking the unpaid balance on the car loan and rolling it into a new debt. The result is the person will often have a vehicle that is worth much less than what is owed on it.

This negative equity and is also referred to as being underwater on the vehicle. It is reported that during the first nine months of 2019, approximately 33 percent of consumers who traded their vehicles in to buy new ones had negative equity. Five years ago, this percentage was 28 percent, and it was only at 19 percent ten years ago. The average debt owed on these cars as they were being traded in is around $5,000 while the average amount was $4,000 five years ago.

Bankruptcy Law, Credit

A Record 7 Million Americans Are 90 Days Past Due on Their Car Loans

The struggle to keep current on monthly bills is a real one felt by many Americans. It can be hard to meet all your obligations, from utility bills to car loans. It is estimated that seven million Americans are at least 90 days past due on their car loan payments, according to the Federal Reserve Bank of New York.

What does this mean for the economy? Many economists believe it is an indication that, despite the strong economy and low unemployment rate, many Americans are still struggling to make ends meet. In fact, when the rate of car loan delinquencies is high, this means that Americans in the lower-income classes are significantly struggling financially.

The problem is a car is extremely important to someone who is having a hard time paying bills. That person needs it to get to and from work, and not having a form of transportation can cause that person to lose his or her job, thus continuing the cycle. Losing your car, leading you to lose your job will result in losing other important items, such as a place to live.

The Federal Reserve figures showed that the majority of people who were behind on their car loan bills had lower credit scores and were under the age of 30. What this indicates is that younger consumers are struggling to pay for their car loans on top of other expenses. One of these expenses that older Americans do not have that these younger consumers have are student loans. Perhaps these young consumers are not able to pay both their student loan expenses as well as their car payments?

Reports show that 17.5 million vehicles were sold in 2016 in the U.S. Car sales are not suffering by any means, and for the most part, those consumers purchasing cars have enough credit to be approved for decent loans and are able to repay their loans. However, the category of borrowers who are considered “subprime,” meaning they have credit scores under 620 seem to default more frequently.

One thing financial experts warn American consumers about is to be cautious as to where they get their financing. For the most part, banks and credit unions have smaller default rates as compared to companies that claim to be “auto finance” companies. One way to ensure that you are getting a good loan is to not get your auto financing from the dealership, unless it comes from a bank directly. Get the financing first and then go to the dealership with the financing documents in hand.

Please click here to read more.

If you have questions on this topic or are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade Garcia McMaken has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade Garcia McMaken website at www.miamibankruptcy.com.

 

Bankruptcy Law, Debt Relief, Timothy Kingcade Posts

Auto Loans in Chapter 7 Bankruptcy- Can you keep your Vehicle?

If you are considering filing for Chapter 7 bankruptcy, you may be wondering whether you will be able to keep your vehicle.  Fortunately, it is possible to keep your vehicle and file for bankruptcy- even if you are still financing it. People with car loans have three options under Chapter 7 – they can reaffirm the debt, redeem or surrender their vehicle.

If you choose to reaffirm your car loan, you agree to continue making payments on the loan.  You will need to fill out a Chapter 7 Individual Debtor’s Statement of Intention that lists your secured debts.  Continuing to make on-time payments on the auto loan after bankruptcy will help rebuild your credit score quickly as these payments will be reported to the credit agencies.

If you choose to redeem your car, this will mean coming up with the money to completely pay off the loan.  This option is oftentimes the most difficult of the three.

Surrendering the car allows a borrower to return the car to the lender in bankruptcy.  This is a viable option if you realize you are not able to make your monthly payments and the auto loan has become too burdensome or you are upside-down on your auto loan. This option can essentially give you a second chance with a less expensive, more affordable car payment.

If you have any questions on this topic or are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade Garcia McMaken has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade Garcia McMaken website at www.miamibankruptcy.com.

Related Resources: https://www.bankrate.com/finance/debt/keeping-your-auto-car-loans-in-bankruptcy-1.aspx