Contact Us

Contact Form

Vehicle Seizure

There are special requirements for retaining a car that was purchased within 910 days (2.49 years) prior to filing for bankruptcy protection. If your car is secured by a loan to a creditor, and purchased within 910 days of filing, your plan must pay the creditor the full amount of the debt against the car, plus interest, in equal monthly payments. In most jurisdictions, if the equal monthly payments do not begin in month one (1) of your plan, you must pay the creditor special payments called “adequate protection” until regular payments begin, so the creditor receives an amount of its secured claim in the beginning of your bankruptcy. 

Consult your bankruptcy attorney if the interest rate on your automobile loan is very high. It may be adjusted in some Chapter 13 bankruptcy plans.

If the car was purchased more than 910 days prior to filing for bankruptcy protection, you will be expected to pay an amount to the creditor at least equal to the value of the automobile at the time you file your Chapter 13 bankruptcy plan. Any amount due to the creditor over the value of the car will be paid as an unsecured debt. You must maintain property insurance on the vehicle if you owe money on it.

Call today for your free initial consultation and let us help you achieve your debt free goals – 1-855-752-Free(3733)
Latest News From Our Blog

Mortgage paperwork mess: Next housing shock?

(CBS News) If there was a question about whether we’re headed for a second housing shock, that was settled last week with news that home prices have fallen a sixth consecutive month. Values are nearly back to levels of the Great Recession. One thing weighing on the economy is the huge number of foreclosed houses.

Read More

, All rights reserved.