Can I file Chapter 7 and keep my car? 10 Answers as of May 12, 2015

If I were to file chapter 7 will I have to give up my car, if the car payment is currently behind?

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GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
No, you can keep the car. You might also be able to pay less for the car. Contact an experienced BK lawyer and ask about a 722 Redemption. I charge a small fee to discuss these matter. Good luck!
Answer Applies to: Colorado
Replied: 5/12/2015
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
Maybe. You have to pay for the car to keep it. You should see a local knowledgeable bankruptcy attorney who can advise you if you have any rights to redemption and evaluate your other options. This question can't be answered online with so little information.
Answer Applies to: California
Replied: 5/8/2015
A Fresh Start
A Fresh Start | Dorothy G Bunce
Like the answer to most legal questions, the answer to this question is it depends. Once your chapter 7 ends, if you are still behind or if you haven't reaffirmed the debt with the lender, the lender can repo it...just like they can right now.
Answer Applies to: Nevada
Replied: 5/8/2015
Stephens Gourley & Bywater | David A. Stephens
You can keep the car, but you would need to find a way to bring the loan current and keep it current. The bankruptcy discharges your personal liability on the loan, but it does not discharge the security for the loan, which is the car.
Answer Applies to: Nevada
Replied: 5/8/2015
Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
Generally, you cannot keep a car in a chapter 7 case without finding a way to bring the loan payments current and to pay off the loan in full as agreed.
Answer Applies to: Colorado
Replied: 5/8/2015
    Garner Law Office
    Garner Law Office | Daniel Garner
    In order to keep a car in chapter 7, you have to reaffirm the debt with a written agreement. If you are delinquent, the creditor does not have to agree to reaffirm your debt. They can exercise their right as a lienholder to repossess the car, although they have to get the permission of the trustee or the judge if they do not seize it before you file. Depending on how far behind you are, an alternative would be a chapter 13 which would allow you to cure the arrearage over a period of time, up to 5 years. In a 13, you could also propose to pay just what the car is worth if that is less than the amount you owe. The creditor could still object to your chapter 13 plan, but the judge could overrule their objection if your plan feasibly would make them whole within 5 years. In other words, you have more leverage in a 13 to keep your car, even if you can't catch up the payments immediately.
    Answer Applies to: Oregon
    Replied: 5/8/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Most creditors are willing to enter into a 'reaffirmation' agreement, under which you agree to make the regular payments, and they let you keep the car. If you are behind, some are easy-going, and just tack the missing payments on the end. A few demand payment of the total arrearage before they will reaffirm. Hiring an experienced bankruptcy lawyer can help you negotiate this, and other obstacles.
    Answer Applies to: Wisconsin
    Replied: 5/8/2015
    Law Offices of Daniel J Winter
    Law Offices of Daniel J Winter | Daniel J Winter
    Generally, you need to be caught up on your car payments to keep the car. Very few lenders negotiate on that. However, you should consult with an attorney for all of your options on the vehicle.
    Answer Applies to: Illinois
    Replied: 5/8/2015
    Patrick W. Currin, Attorney at Law | Patrick Currin
    You can make all payments and keep the car or surrender it with no consequence but not both.
    Answer Applies to: California
    Replied: 5/8/2015
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    You can keep it if you get caught up. If not they will repo the car after your bankruptcy
    Answer Applies to: New York
    Replied: 5/8/2015
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