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Figuring the Value of Your Bankruptcy Car Loan

from: Deb St. George - HomelessInKingCounty.com

Most people have a car loan when they file bankruptcy, so the old and new bankruptcy laws address loans on vehicles. Unfortunately, the new laws are tougher on debtors in terms of how much you must repay on your outstanding loan. This forces the debtor to pay the full amount for loans that even have excessive interest rates.

Under the old bankruptcy laws, debtors only had to repay the value of the vehicle they owned. That meant you only had to pay back the current resale value and not the retail value of the vehicle. Under the new law, if you have had a loan placed on the car within the last 3 years, you will have to pay the full amount of the loan.

This is one of the most significant changes in the new bankruptcy law. Under the old law, the courts would have determined the real value of the car and then figured up what you had paid to date and what you would owe in payments to reimburse to that value. Under the new law, you have to pay the full amount or lose the car.

This means that if you took out a loan at a high interest rate, you will still have to pay back the full loan. In effect, you are paying 2 or 3 times what the car is worth. This law change made it most difficult on those who had to accept less than desirable car loans in order to obtain a vehicle. Of course, under a chapter 7, you can surrender the car if you simply cannot afford to make the payments. But once again, that makes it difficult to recover from a bankruptcy when you have no car to drive. Under a chapter 13, the car loan payment is included in your repayment plan.

Speaking of bankruptcy car loans, you will probably be inundated with car loan offers once your bankruptcy is discharged. You wont ask for the information, but plenty will show up in your mailbox. Auto dealers know many people surrender their cars and need a vehicle, and so they track bankruptcy court records to find out who has filed. The letters claim to want to help you rebuild your credit, but you must be very careful. Odds are the car loan will be charged a premium interest rate because of your credit rating.

The good news is that if you can afford to buy a car, and dont have one, the bankruptcy will not stop you from finding interested lenders. Its important to remember though that you dont want to start creating new debt that you cannot afford to pay. You cannot file another chapter 7 for 8 years or a chapter 13 for 4 years. New creditors see themselves as first in line again in terms of collection status.











 

How To File Bankruptcy News

Sweden regional airline Skyways to file bankruptcy - MarketWatch


HispanicBusiness.com

Sweden regional airline Skyways to file bankruptcy
MarketWatch
By Christina Zander STOCKHOLM (MarketWatch) -- Skyways Express AB and its subsidiary City Airline AB Tuesday canceled all flights with immediate effect and said it will file for bankruptcy during the day as its owner said it could no longer finance the ...
Sweden's Skyways to file for bankruptcy after investor pulls outFlightglobal
Swedish Skyways and City Airlines to file for bankruptcyMSN Malaysia News
Skyways Express and City Airline halt operations, to file for bankruptcyCAPA - Centre for Aviation
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Mall Owners File for Bankruptcy - LoanSafe


Mall Owners File for Bankruptcy
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Walla Walla Town Center LLC filed chapter 11 business reorganization Wednesday in US Bankruptcy Court. That filing seeks protection from creditors while the business owners devise a plan for reorganization. The retail property had been slated for the ...

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Starr County candidate denies bankruptcy history - Brownsville Herald


Texas Watchdog

Starr County candidate denies bankruptcy history
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Jesus Maria “Chuy” Alvarez, who is running for the Precinct 1 seat on the Starr County Commissioners Court, filed for Chapter 7 bankruptcy with the US Court Southern District in March 2005. He then changed his filing to Chapter 13 bankruptcy in ...
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Houghton Mifflin Harcourt files for bankruptcy - Christian Science Monitor


Thomson Reuters News & Insight

Houghton Mifflin Harcourt files for bankruptcy
Christian Science Monitor
By The Associated Press / May 21, 2012 The used fiction section of Left Bank Books in the Central West End neighborhood of St. Louis, Missouri, is shown in this 2011 file photo. Publishing giant Houghton Mifflin Harcourt has filed for bankruptcy ...
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Alex Hotel, Flatotel Owners File for Bankruptcy in Manhattan - BusinessWeek


GlobeSt.com

Alex Hotel, Flatotel Owners File for Bankruptcy in Manhattan
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205 East 45 LLC, the owner of east midtown Manhattan- located Alex Hotel, has $123 million in outstanding liabilities with the lenders group, according to a Chapter 11 filing yesterday in US Bankruptcy Court in Manhattan.
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Issue of Harrisburg filing for bankruptcy still a point of contention - CBS 21


Issue of Harrisburg filing for bankruptcy still a point of contention
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This number has been growing over the past year as the city has been unable to file for bankruptcy. In June of last year, the state legislature passed a law amending the state's fiscal code to prohibit financially distressed cities from entering into ...

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If you had to file bankruptcy, your financial situation was probably rather unstable. All of your creditors were aware of this; after all, they were the ones harassing you to pay their bills. Once you complete your bankruptcy, you should have little or ...

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