Manchel
New Jersey
Bankruptcy Law

Toll Free: (866) 503-5655

Email:manchellaw@yahoo.com

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Auto Repossession Rights for Consumers Facing Bankruptcy in NJ

Immediately upon the filing of a bankruptcy petition, no automotive financing company, bank or car lending agency may pursue an action, commence an action, or attempt to collect a debt against the debtor (person filing the petition). If an individual is in arrears (behind) with their auto finance payments, the finance company may not repossess the auto. If an auto was repossessed prior to the filing, than after the filing, the finance company must return the auto, if the debtor has sufficient auto insurance coverage and the auto was not sold.

New Jersey residents can obtain answers to questions regarding foreclosure resolution and bankruptcy laws by visiting https://www.bankruptcylawyer-nj.com

Chapter 13 is applicable if the debtor wishes to keep an auto in which there are payment arrears, as of the filing date. If the debtor wants to keep the auto, in a chapter 13 case, the finance payments are required to be paid based on one of three methods.

The first method is as follows. The debtor is required to pay to a trustee (bankruptcy administrator), the total amount of the finance arrears, including all costs and fees, as of the filing date. The arrears are generally paid to the trustee over the life of the bankruptcy, which is generally 36 to 60 months. The monthly payment to the trustee is referred to as a trustee or plan payment. The first trustee payment is due on the first of the month, after the month of the filing. In addition to the trustee payment, the debtor is required to pay regular and timely monthly finance payments, until the entire debt is satisfied. The first monthly finance payment is due on the first date that the finance payment normally comes due after the filing.

The second method permits the debtor to pay the entire auto loan balance, through the bankruptcy plan, over the life of the plan. Under this scenario, generally, there are additional fees, costs, and interest that is added to the balance. However, the monthly auto payment made to the trustee is typically less than the normal pre-bankruptcy monthly finance payment because the plan increases the number of months required to satisfy the loan. The trustee pays the auto finance company and no direct monthly payments are required.

The third method applies to debtors who have purchased the vehicle a specific time period prior to the bankruptcy filing. Under this third scenario, the debtor is able to pay, through the life of the bankruptcy plan, only the replacement value of the auto, at the time of the filing, plus a certain interest rate. There are generally additional fees, costs, and interest that is added to the payment. Typically, the debtor is not required to pay the difference between the vehicles’ value and the loan payoff amount. The trustee and not the debtor would make the payment to the auto finance company. No direct monthly payment to the finance company is required.

The following relates to chapter 7 bankruptcy protection. Generally, a chapter 7 case will not help save an auto from repossession in which the debtor is behind with the finance payments. At the commencement of a chapter 7 case, the finance company may not repossess the debtor’s auto. However, if the debtor is unable to cure the arrears, immediately, the finance company will likely be granted permission to repossess the auto, pursuant to a court application requesting same.

New Jersey residents can obtain answers to questions regarding foreclosure resolution and bankruptcy laws by visiting https://www.bankruptcylawyer-nj.com

For more information on bankruptcy laws in New Jersey, visit https://www.bankruptcylawyer-nj.com

Robert Manchel is a New Jersey, Board Certified Consumer Bankruptcy Attorney, whose practice is limited to foreclosure resolution and bankruptcy law. For more information, please contact Mr. Manchel at (856) 797-1500, 1(866) -503-5655 or go to his web site at https://www.bankruptcylawyer-nj.com

ROBERT MANCHEL HANDLES CASES FROM THE FOLLOWING COUNTIES: Cumberland, Atlantic, Monmouth, Salem, Gloucester, Camden, Burlington, Hunterdon, Somerset, Middlesex, Ocean, Mercer and Philadelphia.

The Law Offices of Robert Manchel
Toll Free: 1(866)-503-5655
1 Eves Dr. Suite 111
Marlton, NJ. 08053
moc.oohaynull@wallehcnam
https://www.bankruptcylawyer-nj.com

Disclaimer: The bankruptcy laws are complex and may be applied differently, in each case, and State. There may be numerous exceptions and variations for each law and rule. Do not rely on the information provided in this article. If you are considering filing for bankruptcy protection or have foreclosure issues, you should consult with an experienced lawyer. We are a debt relief agency. We Help people file for bankruptcy relief under the bankruptcy code.

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      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

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      • 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