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Chapter 7 and auto loans

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bshockley1981
New Contributor

Chapter 7 and auto loans

Hey all, just wanted an opinion.  Been through trying times this past year, lost job and working part time jobs here and there.  I have 2 auto loans, car 1 having 2 years good history with no lates.  The other is newer but no lates as well.  I am meeting with my attorney next week and have been reading about reaffirming auto loans. 

 

Car 1, paid 2 years no lates, owe 11k, worth 6 trade in. 

Car 2, bought in January, owe 14k, worth 7 trade in. 

 

I really want to keep Car 1 as I have a good history with the company and the car is a good car. 

Car 2, we got it knowing we were getting ripped off, but didn't have much choice, no downpayment and had a recent repo. 

 

My question is has anyone had any success at negotiating a reaffirmation into lowering there principle to what the car is worth?  I am thinking of lowballing both and seeing what they come back with.  If neither want to budge, I guess I'll be riding my bike. (not really, probably keep car 1)

 

Thanks

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4 REPLIES 4
DaveInAZ
Senior Contributor

Re: Chapter 7 and auto loans

No, I've never heard of anyone successfully renegotiating a lower principal on a car loan buring BK, reaffirming or not. Lenders know that would set a bad precedant,

 

If your lender will allow you to keep the car(s) without reaffirming but keeping current on payments (most lenders do) I think that is your best option. Then after BK discharge when you've rebuilt your credit enough to get a new car loan at a decent rate you can ditch one or both cars by stop paying and telling them you want to surrender the car.

Message 2 of 5
bshockley1981
New Contributor

Re: Chapter 7 and auto loans

So if I don't reaffirm and keep both cars, I am still protected if I quit paying on a car after discharge? Seems it would show as a repo after the fact. Little confused. I'm sure the attorney may go over this but want to know what he's talking about.
Message 3 of 5
mtnblu116
Established Member

Re: Chapter 7 and auto loans

Yes, I successfully renegotiated my loan terms to what it (the car) was worth in Nov 2015, my DC was 1/16. However it was a CU in COLO and the difference was about $2500, and the car was older, but with a low interest rate.  I figured it did not hurt to ask because all they could do was say no. I also went against all other advise and represented myself. They said yes and I reaffirmed. Every situation is unique and if you got a bad deal, than no, I would not recommend. I am new here and do not have the knowledge and experience as many, but I'm determined and my situation worked out  for me.

Message 4 of 5
krielly
Established Contributor

Re: Chapter 7 and auto loans

It sounds like you want to renegotiate in part because you want to keep your relationship with the company.

 

A couple things to keep in mind:

1. If you are renegotiating for a lesser amount, the bank/CU is suffering a loss, and that likely won't be overlooked down the road. They would be doing so based on preserving some of their interest and keeping their losses to a minimum, but in their minds, they are still losing money. I don't think you should assume this will preserve your relationship with them going forward.

2. depending on how much you are able to knock off the loan, you are likely still going to be underwater on this vehicle, if you are already 6K underwater. I can't forsee them agreeing to forgive that much negative equity.

 

IMO, I would continue to pay on whichever car(s) you need for now, but would not reaffirm the debt. This will give you some time to figure out what works best for you going forward. there are plenty of options for rebuilding, and you maintain your option to change your mind and walk away from one or both vehicles if that works best for you.  I don't think you should base your decision solely on the assumption that your relationship with this bank/CU will be preserved.

 

When we filed our BK13 back in 2010, our CU stated that their policy was to "discontinue all future business" with a member if they suffered ANY loss. We were lucky that our attorney was able to include the CUs unsecured debt as "secured" in our plan, so while the rest of our unsecured creditors received approx 40% payment over the 5 years, the CU was paid at 100%, therefore preserving our relationship, and preventing them from enforcing cross-collaterization on our other accounts. To this day I still scratch my head on how this was accomplished, lol. It worked for us, because our payment was a set amount, so how it was distributed by the trustee did not affect our payment either way.

 

K

 

 


You can't have your cake and eat it too. But you can dip your finger in the bowl and lick the icing!
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