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pooragain
Valued Member

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My son had his 941 hearing today. He is current on his auto loan, but wants to get rid of it and get something more affordable. Can he simply return the car to the finance company or is there something else he haa to do?

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Horseshoez
Senior Contributor

Re: Auto Question

@pooragain, a couple of assumptions:

  • He filed Chapter 7
  • He has no intention of "Reaffirming" his current car loan

Assuming my assumptions are correct, his best options are most likely to keep paying on the car for at least a few months to let his discharge come through and then to age a bit.  If he applies for a car loan right after the discharge, he may end up paying sky high interest rates which could turn a "more affordable" car into a "less affordable" car.  But to answer your question, once his bankruptcy is discharged, he has zero obligation to the company holding the note on his car, he can simply call them up and tell'em to come and get it.

Chapter 13:

  • Burned: AMEX, Chase, Citi, Wells Fargo, and South County Bank (now Bank of Southern California)
  • Filed: 26-Feb-2015
  • MoC: 01-Mar-2015
  • 1st Payment (posted): 23-Mar-2015
  • Last Payment (posted): 07-Feb-2020
  • Discharged: 04-Mar-2020
  • Closed: 23-Jun-2020

 

I categorically refuse to do AZEO!

In the proverbial sock drawer:
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