Filing bankruptcy stops creditors' collections against you immediately. But sometimes a creditor tries to get permission to collect anyway.
Saving the vehicle sometimes is not the best option, so Chapter 7 bankruptcy gives you a safe way out.
Chapter 13 protects you while you catch up on your vehicle loan, or you may not need to catch up on that loan at all.
Bankruptcy can protect your car or truck. Both Chapter 7 and 13 can, but which do you need?
Chapter 7 often protects you from creditors well enough. But if need be, Chapter 13 protects you longer.
Straight Chapter 7 bankruptcy gives very limited help if you're behind on your vehicle and need to keep it. And Chapter 13? Provides much more help.
Bankruptcy stops a vehicle repo from happening. But what then?
If you want to hold onto your vehicle, or other collateral, Chapter 13 makes it happen.
Your secured creditors are often the ones you most care about, because the creditor can take your collateral. Chapter 7 strengthens your hand, improving your options.
Bankruptcy saves your vehicle from immediate repossession. Whether you choose to file under Chapter 7 or 13 depends in part on how strong of a medicine you need for dealing with the back payments.
Under Chapter 7, you can pay your vehicle loan mostly by getting rid of all or most of your other debts. Under Chapter 13, you can pay your vehicle loan ahead of most of your other creditors.
In bankruptcy, are you allowed to favor: 1) creditors with collateral, so that you can keep the collateral; 2) creditors toward whom you have special loyalty; and 3) creditors who have extraordinary leverage against you?
If you are behind on your car or truck loan and a Chapter 7 case will not help you enough, file a Chapter 13 case instead so that you can keep that vehicle.
Your car or truck loan may be the most important debt you have. Chapter 7 puts you in the driver seat for dealing with this debt.
Your vehicle loan, home mortgage, account at the appliance or electronics store, and maybe a debt that's resulted in a judgment lien--these debts with collateral are the ones that grab the most attention during a bankruptcy case. And that includes the attention of the creditors, very interested in "their" collateral.