How to deal with vehicle loans in Chapter 13

Your politicians made changes to the bankruptcy laws years ago to protect car finance companies. They seem to think that making it hard for consumers will help their finance companies. Although the politicians must have gotten some big contributions from GM’s captive finance company, GMAC, it didn’t stop General Motors from filing bankruptcy, did it? No!! So even though your Senators and Congress people try to make it hard on us, you can still get help as a working person if you are overwhelmed with debt because of job loss, illness or whatever life brings. Car loans are now going 60 to even 84 months. Used car rates can be 21%. So if you have a high interest car loan, and the car is worth less than you owe on it, here’s the deal in Chapter 13 bankruptcy:
1. If your bought the vehicle more than 910 days (2.5 years ago), you can offer to pay the actual value at prime rate plus 2%.
2. If you bought the vehicle less than 910 days, you have to pay the remaining loan on it, no reduction in value, but can still pay less interest.
Either way, you get a better deal, and still get to handle your other debt, and pay your vehicle ahead of other debts, so the car gets paid off faster, while the other creditors wait. Have a co-signer? Only way to protect the co-signer is pay the loan as written, either inside your bankruptcy, or “outside”. Geraci Law restructured or discharged over $1.5 billion in debt last year. Visit us at http://www.elimadebt.com

Author: Peter Francis Geraci, Bankruptcy Attorney and Financial Expert

Founding member of Geraci Law L.L.C., a multi-state consumer bankruptcy law firm with over 70 attorneys. One of the largest and oldest consumer bankruptcy law practices in the country. Founding member of Geraci, Arreola, and Hernandez, a personal injury law firm with landmark personal injury and medical malpractice rulings. CEO of Professional Financial Guidance L.L.C. and PFG Credit Counseling, Inc., online providers of bankruptcy debtor education and credit counseling.