Will I lose my car if I filed bankruptcy and I am 4 payments behind?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Will I lose my car if I filed bankruptcy and I am 4 payments behind?
My husband and I filed Chapter 7 2 month ago. I am 4 payments behind on my car and have a reaffirmation hearing 05/10. My husband is disabled although not yet approved for SS disability (we are awaiting yet another hearing). We have one vehicle on which we owe less than $2,600. It is 6 years old, has just over 77,000 miles, needs shocks, tires, struts and has some body damage. I really need this car to get to work, to take my husband to doctor visits, plus he helps an elderly friend to dialysis 3 days per week. We are currently 4 payments behind but want to work at catching up. Do you think they will take my car?
Asked on May 4, 2011 under Bankruptcy Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am s sorry for your situation but I have to say that I think that there is a distinct possibility that they will indeed take your car. Repossession laws favor the lender - obviously - as to notice, etc. I am assuming that the way that you have discussed the bankruptcy here that you have listed the vehicle's loan but have reaffirmed the loan, correct? You may be safe until the reaffirmation hearing on the 10th but I would not put all my faith in that. I would suggest that you contact the trustee and your attorney to discuss the matter and see if they can intercede with the lender. Good luck to you.
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.