cancel
Showing results for 
Search instead for 
Did you mean: 

Ch. 7 Car Loan: Options, what to do?

tag
Anonymous
Not applicable

Ch. 7 Car Loan: Options, what to do?

Hey guys!  I've been reading the forums for some time and just decided to participate.

 

I'm going through chapter 7 bankruptcy after having been disabled for many years.  I finally was able to go to school and pay off loads of debt after being homeless, but now I just cannot keep up with everything now that I am not homeless and getting the medical care I need, so after much contemplation I am declaring bankruptcy.

 

I have a car loan of bout 20,000 but the car is only worth 10,000.  The attorney gave me my options, which are to keep the loan and pay it (he said this was a bad idea since the value of the car is so low), let the bank seize the car, or do a 722 Redemption loan via the company of the same name.  I've been trying to find other companies, but so far haven't turned any up.

 

I live by myself and drive  I am honestly not sure which to do, as the 722 loans seem ridiculous interest wise.  I have decent income and letting the bank retake the car makes sense actually, however I have no idea what I'd do for transportation over the next 2-3 months while I decide.  Renting a car seems expensive.  I even have multiple people who'd cosign, however I do not want them to cosign a loan prior to it for obvious reasons.    I drive 250-300 miles/week and it's 25 miles each way to work, so I can't really get a ride from people there, or take a cab efficently.  

 

Is it viable to get the redemption loan and refi for a lower rate post-bankruptcy?  Thoughts on other ideas?

Message 1 of 9
8 REPLIES 8
Anonymous
Not applicable

Re: Ch. 7 Car Loan: Options, what to do?

Are you current on the payments?  I ask because many lenders, particularly if your have a lot of negative equity will let you continue to pay and keep the car without reaffirming.  This would of course be the better option if possible considering the negative equity.   This would also allow you to use the car while building your credit and the option to purchase something new in the future and let the original car go back to the lender at that point.  I would discuss this option with your lawyer and or lender, there are some lenders that automatically reposses unless you reaffirm but its worth looking into because there are some that will allow it.  

 

 

Message 2 of 9
bshockley1981
New Contributor

Re: Ch. 7 Car Loan: Options, what to do?

Crazy I had the same questions and today got some resolution. I spoke with my account rep as I didn't want reaffirm my loan due to my negative equity. He sent me to legal of course to get info on the reaffirmation agreement. I told the lady I wasn't signing with the advisement of my attorney and she would need to come down about 5g for me to think about. She obliged the offer and said she would contact my attorney.

Back on the phone with my rep, he asked if I would like to make a payment this month in the mean time. I told him later in the month. Afterwords I called my attorney and asked if it was the right thing to do. She said that I wanted to keep making payments but not reaffirm, and the bank allowed it, to go for it. At least I don't have to worry about waking up and not having a car.
Message 3 of 9
Anonymous
Not applicable

Re: Ch. 7 Car Loan: Options, what to do?

I bought a car 3 weeks before I even had my 341.. I had multiple places approve me and my attorney said it was ok to do. I ended up buying a Kia through prestige auto finance at14%. No money down
I wanted to wait until discharge but my credit union wouldn't work with me and they got relief from stay so I just bought now.
Message 4 of 9
Anonymous
Not applicable

Re: Ch. 7 Car Loan: Options, what to do?

So today was a huge let down. I'm 2 days away from discharge from Chapter 7, and I see that my credit score is 550!!?? Are you kidding me? My score was 650 less than 4 months ago! As soon as I filed for chapter 7, I stopped paying all cards and loans, including my lease (which isn't even on the report somehow???) as instructed by my attorney. I read nothing but good news from people who filed and see their score go UP, yet here I am, 100 points DOWN, and completely f****ed now that I decided to reject the least....Only decided to reject the leasr was because I figured since my credit score was pretty decent (for a guy filling for ch7 with no delinquency and 100% on time payments) I'd be able to get a modest used car loan and actually get something that makes sense for my family! Now I'm guessing since my credit score is completely shot for unknown reasons, I'll be quoted at derogatory rates of 12-15% interest. If my score was 650 or higher, I know for a fact capitol one auto loans would quote rates closer to 6-8% interest, which can be a difference of thousands over a few years! 

Everytime I've ever assumed optomitic things about my credit score, I am completely wrong. And every time I've ever assumed my score was in bad shape, I've been surprised to see it's much better than once thought.  This is just nuts to me. I've literally NEVER had any collections or delinquencies. I've missed a few payments over the last, maybe - 4 years or so, but my score was 680 for those entire set of years!!! HOW IS MY CREDIT SHOT from just filling for banktuptcy and having all debt wipped clean!!!??? Most banks / lenders told me my score fell below 700 years ago because of my debt to income ratio, and a few late payments! That was IT!  W-T- F ???? I'm not paying 400 a month to drive around a 10,000$ car at insane interest rates. NO. thats BS, and a waste of money. -guess I'm riding out my lease until VW asks for it back. 

So pissed. 

Sorry but I needed to vent. 

Message 5 of 9
Anonymous
Not applicable

Re: Ch. 7 Car Loan: Options, what to do?


@Anonymous wrote:

So today was a huge let down. I'm 2 days away from discharge from Chapter 7, and I see that my credit score is 550!!?? Are you kidding me? My score was 650 less than 4 months ago! As soon as I filed for chapter 7, I stopped paying all cards and loans, including my lease (which isn't even on the report somehow???) as instructed by my attorney. I read nothing but good news from people who filed and see their score go UP, yet here I am, 100 points DOWN, and completely f****ed now that I decided to reject the least....Only decided to reject the leasr was because I figured since my credit score was pretty decent (for a guy filling for ch7 with no delinquency and 100% on time payments) I'd be able to get a modest used car loan and actually get something that makes sense for my family! Now I'm guessing since my credit score is completely shot for unknown reasons, I'll be quoted at derogatory rates of 12-15% interest. If my score was 650 or higher, I know for a fact capitol one auto loans would quote rates closer to 6-8% interest, which can be a difference of thousands over a few years! 

Everytime I've ever assumed optomitic things about my credit score, I am completely wrong. And every time I've ever assumed my score was in bad shape, I've been surprised to see it's much better than once thought.  This is just nuts to me. I've literally NEVER had any collections or delinquencies. I've missed a few payments over the last, maybe - 4 years or so, but my score was 680 for those entire set of years!!! HOW IS MY CREDIT SHOT from just filling for banktuptcy and having all debt wipped clean!!!??? Most banks / lenders told me my score fell below 700 years ago because of my debt to income ratio, and a few late payments! That was IT!  W-T- F ???? I'm not paying 400 a month to drive around a 10,000$ car at insane interest rates. NO. thats BS, and a waste of money. -guess I'm riding out my lease until VW asks for it back. 

So pissed. 

Sorry but I needed to vent. 


Your scores do crazy things while discharge is pending. They're really not even worth looking at now. You should see a significant jump once the discharge reports and you review/dispute any errors on your reports.

 

A BK is a serious negative item . . . not quite sure how you seemed to think it wasn't a big deal. But . . you can recover from it.

 

Once you.re discharged and get your reports clean, you CAN get a decent interest rate on a car if you follow the advice in these forums.

Message 6 of 9
Anonymous
Not applicable

Re: Ch. 7 Car Loan: Options, what to do?

thanks, I'm well aware of the severity. the difference in available income comparing before and after chapter 7 makes it well well worth it. It was all leftover debt from being young and stupid in the Navy, and having expensive hobbies. I couldn't be happier having filed. I'm also aware of the challenge ahead. I'm not happy about the circumstances and the lack of clear answers coming from both my attorney and financial advisors. It's the whole "it all depends" answer. Trying to plan ahead and make important and informed decisions that affect me and my family is frustrating. My attorney went into unhelpful and easily bothered "pr!ck" mode, as soon as my last payment was complete. figures. That's also adds to the frustration. If I didn't have sucha terrible lease to begin with, I'd be perfectly fine at the moment. I love not having any more credit card bills. My expendable / save-able income is stupid high since filing. I'm thinking of just saving up 500$ per paycheck until I have enough for a small mid 2000's SUV for under 5k. -better than worrying about my score and trying to get a reasonable auto loan. -I'm just not as fortunate as some of the other members here who got rediculously low rates on their auto loans straight out of discharge. 

Message 7 of 9
Anonymous
Not applicable

Ch. 7, Car Loan - Filing for Bankruptcy is a MAJOR derogatory

.


Jamesdriver28 wrote:

So today was a huge let down. I'm 2 days away from discharge from Chapter 7, and I see that my credit score is 550!!?? Are you kidding me? My score was 650 less than 4 months ago! As soon as I filed for chapter 7, I stopped paying all cards and loans, including my lease (which isn't even on the report somehow???) as instructed by my attorney. I read nothing but good news from people who filed and see their score go UP, yet here I am, 100 points DOWN, and completely f****ed now that I decided to reject the least....Only decided to reject the leasr was because I figured since my credit score was pretty decent (for a guy filling for ch7 with no delinquency and 100% on time payments) I'd be able to get a modest used car loan and actually get something that makes sense for my family! Now I'm guessing since my credit score is completely shot for unknown reasons, I'll be quoted at derogatory rates of 12-15% interest. If my score was 650 or higher, I know for a fact capitol one auto loans would quote rates closer to 6-8% interest, which can be a difference of thousands over a few years! 

Everytime I've ever assumed optomitic things about my credit score, I am completely wrong. And every time I've ever assumed my score was in bad shape, I've been surprised to see it's much better than once thought.  This is just nuts to me. I've literally NEVER had any collections or delinquencies. I've missed a few payments over the last, maybe - 4 years or so, but my score was 680 for those entire set of years!!! HOW IS MY CREDIT SHOT from just filling for banktuptcy and having all debt wipped clean!!!??? Most banks / lenders told me my score fell below 700 years ago because of my debt to income ratio, and a few late payments! That was IT!  W-T- F ???? I'm not paying 400 a month to drive around a 10,000$ car at insane interest rates. NO. thats BS, and a waste of money. -guess I'm riding out my lease until VW asks for it back. 

So pissed. 

Sorry but I needed to vent. 


 

 

Filing for Bankruptcy is a MAJOR derogatory, and it is listed separately from all other information such as late payments, charge offs, Collections.

 

This Scarlet Letter (which I have) will be there the rest of your life, until it disappears from your credit reports.

 

Your credit score will be "shot" until  you take positive and error free steps to rebuild your credit like the rest of us are currently doing.

 

Below is a significant thread which is a guide to Rebuilding. 

 

Each of us are solely responsible for the rebuilding of our credit scores, and it is slow laborious effort which does bear fruit, but it requires constant work and PATIENCE.

 

Best Wishes!!!

 

 

HOW TO: From BK7 discharge to 700 in 24 months or less!
http://ficoforums.myfico.com/t5/Bankruptcy/HOW-TO-From-BK7-discharge-to-700-in-24-months-or-less/m-p...

 

.

Message 8 of 9
Anonymous
Not applicable

Re: Ch. 7 Car Loan: Options, what to do?


@Anonymous wrote:

thanks, I'm well aware of the severity. the difference in available income comparing before and after chapter 7 makes it well well worth it. It was all leftover debt from being young and stupid in the Navy, and having expensive hobbies. I couldn't be happier having filed. I'm also aware of the challenge ahead. I'm not happy about the circumstances and the lack of clear answers coming from both my attorney and financial advisors. It's the whole "it all depends" answer. Trying to plan ahead and make important and informed decisions that affect me and my family is frustrating. My attorney went into unhelpful and easily bothered "pr!ck" mode, as soon as my last payment was complete. figures. That's also adds to the frustration. If I didn't have sucha terrible lease to begin with, I'd be perfectly fine at the moment. I love not having any more credit card bills. My expendable / save-able income is stupid high since filing. I'm thinking of just saving up 500$ per paycheck until I have enough for a small mid 2000's SUV for under 5k. -better than worrying about my score and trying to get a reasonable auto loan. -I'm just not as fortunate as some of the other members here who got rediculously low rates on their auto loans straight out of discharge. 


Don't give up. I wasn't really able to start rebuilding for nearly a year after filing for Chapter 7 BK because I was essentially unemployed and it took me until August 2015 to find a new, well-paying job. I got my first CC, a Capital One secured Platinum, at the end of 2015 and basically just worked on gardening it (though I didn't know what the term meant in the credit context until I joined these forums a few months ago!) until I got my Amazon Store Card at Thanksgiving 2016.That was the opening shot in my serious rebuilding campaign, and in the six months since then, I've gotten three more unsecured cards (hit the jackpot with Overstock/Comenity last night at $4000 SL, my biggest yet!) plus a used car loan at a very decent 60-month rate from Penfed. My scores have also been climbing slowly but steadily for the last 17 months, from the middle-to-upper 500's to nearly 700 in at least one case (Penfed's EQ NextGen 2 FICO, which gives me a 690 as of 2/28). My BK still has over 7 years before it vanishes from my report but its negative impact will diminish, slowly again but also steadily, over time as you rebuild your portfolio and history and demonstrate to lenders that you've learned from your past mistakes. There are many lenders, especially credit unions, who are friendly to customers with BK's in their records and wil work with them on CC's and other loans. Buying a vehicle with cash is certainly a viable option - I've done it too - but don't write off the possibility of getting a decent loan yet. It just requires time and the application of elbow grease. Smiley Happy

Message 9 of 9
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.