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Can filing for Chapter 13 bankruptcy stop a vehicle repossession?

On Behalf of | Nov 15, 2024 | Chapter 13

Facing the threat of vehicle repossession can be overwhelming, especially if the car is needed for work or other essential activities. Filing for Chapter 13 bankruptcy can be a powerful tool to prevent repossession and help manage overwhelming debt.

How Chapter 13 bankruptcy helps stop repossession

Filing for Chapter 13 bankruptcy triggers an automatic stay. This stay immediately prevents creditors from repossessing a vehicle or taking any other collection actions. As long as the case moves forward, the automatic stay keeps the car safe from repossession, giving individuals a chance to create a repayment plan.

Repayment options for missed payments

In a Chapter 13 bankruptcy, debtors propose a repayment plan that lasts three to five years. This plan allows the debt secured by the car to be spread out over time, making it more manageable to pay for the car. 

Keeping your vehicle long-term

Chapter 13 bankruptcy allows debtors to restructure certain secured debts, like car loans. Sometimes, it is even possible to reduce the balance on the car loan to match the current value of the vehicle, or to extend the loan term to lower monthly payments. These options can help make the payments more affordable, which can be critical to keeping the vehicle for the long term.

Benefits of Chapter 13 over other options

While other options like negotiating directly with the lender or refinancing might provide some relief, Chapter 13 offers more comprehensive protection through the automatic stay. This type of bankruptcy also offers flexibility in how debts are repaid, potentially reducing both the debt and the interest rate, and making it easier to keep essential assets like a vehicle.

Filing for Chapter 13 bankruptcy can provide much-needed relief to those facing vehicle repossession. It allows time and structure to get finances under control and keep the transportation needed for daily life.

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