If I used a car for collateral on a personal loan and am now thinking of fillingbankruptcy on that loan also, what would happen with that car?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I used a car for collateral on a personal loan and am now thinking of fillingbankruptcy on that loan also, what would happen with that car?

Would I have to surrender the car?

Asked on November 30, 2011 under Bankruptcy Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Bankruptcy or no, if you do not pay the loan, the lender can almost certainly repossess the car. That is because while bankruptcy can discharge the debt--i.e. you would not have to pay the outstanding amounts, or might pay only a portion or percentage of them--it does not extinguish or wipe out a security interest, or collateral. So if you do not pay the loan and declaure bankruptcy, the lender could not sue you for money, but it would still be entitled to take the car if it was collateral.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption