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

NJ Bankruptcy Lawyer Explains A Cramdown Of An Auto Finance Payment

January 8, 2014 by Robert Manchel

What is an automobile cramdown?
A cramdown is applied in a chapter 13 case. In general, a secured creditor must be paid in full if a debtor is keeping the collateral (property). In other words, typically, someone who wishes to keep an auto, whom is behind with their finance payments, must pay the arrears through the bankruptcy trustee payments while still making their regular monthly payments on a timely basis.
However, under certain circumstances, a person may be able to keep his auto without paying the full amount of the secured auto loan.  A cramdown permits a person to keep their auto by paying through the bankruptcy plan only the retail fair market value of the auto, plus a fair rate of interest. The value is determined as of the time of the bankruptcy filing. The interest rate is based on a formula that is relative to the prime rate, as of the filing date.
Example:
Retail Auto Value                    $10,000.00
Auto Financing Payoff           $20,0000
Contract Interest Rate           8%,
If the debtor is able to cramdown the secured interest in the auto, the debtor would be permitted to pay only $10,000.00, plus a fair interest rate, amortized over a three to five year chapter 13 plan. The allowable interest rate at this time is about 5.25%. In the above  example, a debtor is permitted to keep the auto by paying $11,391.59, through the bankruptcy plan, over the life of the plan.
The criteria for a chapter 13 cramdown is as follows:

  1. Can cramdown any commercial or non-personal vehicle;
  2. Can cramdown a personal vehicle if the financing was obtained at any time, other than at the time of purchase;
  3. If the auto was purchased with the financing for personal use, the auto must have been purchased at least 910 days or more, prior to the bankruptcy filing date.

You may contact NJ bankruptcy lawyer Robert Manchel at 1 (866) 503-5655 to discuss your bankruptcy questions.

Filed Under: Chapter 13 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