Wednesday, June 20, 2012

Chapter 13 Bankruptcy Car Loans

Chapter 13 bankruptcy car loans are available to those who find themselves in need of a different vehicle after restructuring their debts. However, there may be some hoops you will need to jump through. Let me explain further.

When someone files a chapter 13 bankruptcy they are agreeing to pay off their debts within a 3 to 5 year period. Chapter 13 consolidates all your debts and requires cooperation with your creditors to restructure a new payment plan to pay off your existing debt.

Typically, you are agreeing to make the regular payments along with an added amount each month to help you get caught up on your debts that may have fallen behind. Additionally, this type of bankruptcy will do less damage to your credit score versus a chapter 7.

With this form of bankruptcy, you are able to keep your major purchases such as your home and your car. However, what happens if your car should start leaving you with heavy repair bills before the 3 to 5 year pay-off plan?

If this happens to you, you will need to contact your bankruptcy attorney who works with your court appointed trustee. Getting chapter 13 auto loans require permission from your estate trustee. In addition, you will be asked for a valid reason and proof for needing a chapter 13 auto loan.

This may seem a little harsh but the trustee really does have your best interest at heart. He wants to assure that you stay on the well thought out plan to getting your finances back on track. Nor does he want to put your current creditors at risk because you have made a promise to them. You will have to convince the trustee that you have a real need for a new vehicle as well as your plans to repay the new car loan.

To prepare your presentation to the Chapter 13 trustee, you will need to find a dealer or auto consultant who can find realistic terms for a loan. You will want to show the trustee that you have found a reasonable interest rate as well as a car that is mechanically sound enough to last the duration of your Chapter 13 repayment term.

Another point to consider, your current loan will need to be paid off before you can get your next car. So, you will have to be sure that you can either sell your car or trade it in to collect enough for the balance of your current car loan.

Research an auto consultant dealer that works with specialized situations such as chapter 13 bankruptcy auto loans. Set up a meeting with them to get pre-approved. Do the preliminary paperwork including the interest rate, monthly payment as well as any other fees you will be charged.

An auto consultant may be able to help you more than a regular dealership because they tend to cater more to individual needs, instead of just trying to make a car sale.

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