Manchel
New Jersey
Bankruptcy Law

Toll Free: (866) 503-5655

Email:manchellaw@yahoo.com

New Jersey Bankruptcy Header Logo Image
New Jersey Bankruptcy Super Lawyers Image
New Jersey Bankruptcy Zero Logo
  • Home
  • Chapter 7 & Chapter 13 Info
    • Chapter 7
      • How Does a Chapter 7 Bankruptcy Work
      • NJ Chapter 7 Bankruptcy Process
      • Chapter 7 and Chapter 13 Required Documents and Information
    • Chapter 13
      • How Does a Chapter 13 Bankruptcy Work
      • NJ Chapter 13 Bankruptcy Process
      • Chapter 7 and Chapter 13 Required Documents and Information
    • Chapter 7 and 13 Differences
    • NJ Bankruptcy Info
    • How Bankruptcy Affects You
    • How Bankruptcy Helps
  • Avoid Foreclosure
    • Loan Modification
    • Mortgage Foreclosure Mediation
    • New Jersey State Courts and Procedure
  • About
    • NJ Bankruptcy Attorney Robert Manchel
  • Why Hire Us?
  • Q&A
    • FAQ’s
    • Articles
    • Resource Links
  • Contact Us
    • Office Locations

Experienced New Jersey Lawyer Explains How A Bankruptcy Can Save Your Vehicle

May 16, 2012 by Robert Manchel

How can bankruptcy save an automobile from the finance company?
Typically, if a person is about three months behind with their monthly auto finance payments, the finance company will commence the repossession process.
Theoretically, a chapter 7 or chapter 13 filing will stop the repossession of an auto, due to a default. However, only a chapter 13 will allow the debtor to keep the auto and cure the default. Also, if the auto has been repossessed, a chapter 13 filing, will require the finance company to transfer possession of the vehicle back to the debtor, if the auto has not yet been sold. This means that if the auto was transported to another state for auction, prior to the bankruptcy filing, the finance company must transport the auto back to New Jersey, after the filing.
To obtain possession of the auto, the debtor must provide proof of adequate insurance coverage that has a reasonable deductable and covers the finance company, as the loss payee, in the event of damage or loss of the auto. Also, the debtor must have filed a feasible chapter 13 bankruptcy plan with the court, that provides for payment of the financing. Depending on various factors, the debtor has various options regarding the payment of the financing. It may be possible to cure the arrears through the monthly bankruptcy plan, while making the future payments as they come due. The debtor may be able to pay the entire amount that is due on the automobile through the bankruptcy plan. Or, under certain scenarios, the debtor may be able to pay only the value of the vehicle, at a fair interest rate, through the bankruptcy plan. Under all scenarios, the debtor’s bankruptcy schedules must reflect the ability to pay the monthly trustee payments and/or direct payment to the finance company.
There may be various issues that arise when requesting the transfer of a repossessed auto back to the debtor, in addition to the above. After an auto is repossessed, the finance company will incur fees for storage, transportation, etc. The finance company will generally demand payment of all fees and costs prior to the transfer.
You can call NJ consumer bankruptcy lawyer Robert Manchel at (866) 503-5655 to discuss how bankruptcy can save your auto.

Filed Under: Auto In Bankruptcy

Primary Sidebar

Recent Posts

  • Robert Manchel Video
  • How to Avoid Bankruptcy During COVID-19
  • What You Need to Know about Filing for Chapter 13 Bankruptcy
  • Bankruptcy Advantage Even Though Paying All Debt
  • How To File For Chapter 7 Bankruptcy In NJ?

Categories

Contact Us


    captcha

    search

    Contact Us

    Contact Manchel New Jersey Bankruptcy Law

    Serving ALL 21 counties in New Jersey

    We are available to answer all your questions.
    Get an immediate consultation today.


      captcha

      Manchel
      New Jersey
      Bankruptcy Law

      This web site is designed to provide general information regarding the bankruptcy laws. The bankruptcy laws are complex and may be applied differently, in each case, depending on the particular facts. There may be numerous exceptions and variations for each law and rule. Do not rely on the information provided in this web site. If you are considering filing for bankruptcy protection, you should consult with an experienced NJ bankruptcy lawyer. We are a debt relief agency. We Help people file for bankruptcy relief under the bankruptcy code.

      Main Office
      1 Eves Dr., Suite 111
      Marlton, NJ. 08053
      (856) 797-1500
      Toll-Free: 866.503.5655

      Freehold Office:
      4400 Route 9 South, first fl.,
      Freehold, NJ. 07728
      (732) 462-1099

      Princeton Office:
      707 Alexander Rd., Suite 208,
      Princeton, NJ. 08540
      (609) 919-0068

      East Brunswick Office:
      197 Route 18 South,
      South Tower, Suite 3000
      East Brunswick, NJ. 08816
      (732) 628-0300

      Toms River Office:
      1 Hadley Ave
      Toms River, NJ 08753
      (732) 240-2300

      © Copyright 2021 by Manchel New Jersey Bankruptcy Law, Bankruptcy Lawyer. All Rights Reserved.
      Privacy Policy
      Website & Marketing by: The Attorneys ATM

      • Home
      • Chapter 7 & Chapter 13 Info
        • Chapter 7
          • How Does a Chapter 7 Bankruptcy Work
          • NJ Chapter 7 Bankruptcy Process
          • Chapter 7 and Chapter 13 Required Documents and Information
        • Chapter 13
          • How Does a Chapter 13 Bankruptcy Work
          • NJ Chapter 13 Bankruptcy Process
          • Chapter 7 and Chapter 13 Required Documents and Information
        • Chapter 7 and 13 Differences
        • NJ Bankruptcy Info
        • How Bankruptcy Affects You
        • How Bankruptcy Helps
      • Avoid Foreclosure
        • Loan Modification
        • Mortgage Foreclosure Mediation
        • New Jersey State Courts and Procedure
      • About
        • NJ Bankruptcy Attorney Robert Manchel
      • Why Hire Us?
      • Q&A
        • FAQ’s
        • Articles
        • Resource Links
      • Contact Us
        • Office Locations