
There are several issues to consider in answering this question. The most important point is the value of your car. In most cases, you can protect your car using the allowable bankruptcy code exemptions. An exemption allows you to file for bankruptcy relief and protect some of your property. The bankruptcy courts understand you need a car to get to work and to pick your kids up from school. So long as you aren’t driving an antique classic car, or an expensive sports car you will likely be able to keep your car. The next question is whether you have clear title to your car. If you have pledged your vehicle as security for a debt, or if you are financing or leasing a vehicle, you have three options for secured car loans when you file Chapter 7 bankruptcy. Reaffirm: A reaffirmation agreement is a contract between you and the car creditor in which you agree to pay the balance owed on your car note, despite the bankruptcy filing. You continue to make payments, and the creditor promises that, as long as payments are made, the creditor will not repossess or take back the property. Reaffirmed debts are not discharged, the debt survives the bankruptcy. If you do not make your car payments after you reaffirm the car loan the car lender can repossess the car and sue you for the deficiency balance. After the finance company repossesses the car they will sell the car at the auto auction. Usually the Read More …