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Chapter 13 with an auto

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Anonymous
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Chapter 13 with an auto

I have a question... right now I am considering Chapter 13 bankruptcy. The thing is I only want to file bankruptcy on is my car. I currently owe 26k on it and I am paying 598 a month for 3 more years. I can not handle this payment any longer because I don't make as much money as I use too. Also Citifinancial is harassing me Smiley Mad and they are so unprofessional and I hate dealing with them. I have little credit cards and a loan but I do not want to put that on my bankruptcy. Is that possible? Also how would my auto loan work? Would I have to give the car back? Also if I wanted to buy a house with my boyfriend how long would I have to wait? Thanks for your help everyone! I love reading these boards.

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Anonymous
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Re: Chapter 13 with an auto

Hi 4RunnerGirl04. 

Glad you love reading these boards - I'm with you in thinking they're super!

 

Chapter 13 requires you to include all creditors.  If you omit any creditor, your case can (and will) be dismissed.

 

You can purchase a home, if you qualify, during the 3-5 year CH. 13 payoff process.  But your FICO's will not be pretty.  And your budget - established by the CH 13 - will be extremely tight.  Extremely.  Very.  Very.

 

We included our car loan in our CH 13 - they are part of the repayment plan - and we paid the entire amount we owed to them.  In fact, we paid the car off earlier than it would have been paid off outside of BK.  They are in your secured debt category.  You keep the car and will receive the title when you've paid them in full.

 

Please consult with a BK attorney to advise you - many have free/low fee consultations.  You have to meet certain financial criteria to be eligible for a 13.

 

I would never consider filing BK for the sake of a car - you have a lot of other, less devastating options.  And with a 13, you will pay the entire amount due on the loan.

 

Have you considered posting on the Auto board?  They will have some helpful advice.

 

I would also consider a second job/selling the car/lots of other options that appear a little painful but are far LESS painful, and more appropriate, than filing BK.

 

Hope that's helpful 4RunnerGirl04 - and glad to see you on the forums!  This is a great place to hang out and get great info.  Best wishes to you!

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