Qualify for Cramdown of Your Vehicle Loan

Wasson and ThornhillVehicle Loans

You qualify for cramdown (reducing your monthly vehicle loan payment and total paid until you’re free and clear) mostly through good timing.   Last week’s blog post was about lowering monthly vehicle loan payments through Chapter 13 cramdown. This also often reduces how much you end up paying on the loan, and often even reduces its interest rate. Cramdown usually … Read More

No Timing Conditions for Cramdown on Non-Purchase Collateral

Wasson and ThornhillSecured Debts

No need to comply with the timing conditions when doing a cramdown of a secured debt if the collateral was not purchased with the debt.   The Cramdown Advantage Last week we got into Chapter 13 cramdown of vehicle loans and furniture loans. Cramdown can be an excellent way to keep personal property that’s securing a loan. It allows you … Read More

When to Reaffirm a Debt, When to Use Chapter 13

Wasson and ThornhillBankruptcy Options

Reaffirming a secured debt, like a vehicle loan, can be a good way to keep that collateral/vehicle. But Chapter 13 is sometimes better.   The last 5 blog posts in December were about keeping the collateral you want by “reaffirming” the debt. “Reaffirmation” applies only to Chapter 7 “straight bankruptcy”cases. (We’ve focused mostly on reaffirming a vehicle loan.) Today we … Read More

Do I Have to Go to a Reaffirmation Hearing?

Wasson and ThornhillBankruptcy Procedure

You only need to go to a reaffirmation hearing if you don’t have a lawyer, or he or she doesn’t sign the reaffirmation agreement.   Reaffirmation Agreement If you want to keep the collateral on a debt usually you have to exclude that debt from the legal write-off (“discharge”) of your debts that you receive in a Chapter 7 “straight … Read More

Reaffirming a Secured Debt in Chapter 7

Wasson and ThornhillSecured Debts

You are allowed to exclude a secured debt—to keep your vehicle or furniture, for example—by reaffirming and not discharging the debt.   Last time we got into debts that you might voluntarily pay after a Chapter 7 case out of personal obligation. Today we cover debts voluntarily paid but for the purpose of keeping the collateral that’s securing the debt. … Read More

Chapter 7 Gives You Time to Redeem Your Vehicle

Wasson and ThornhillVehicle Loans

Prevent repossession and then redeem your vehicle by paying what it’s worth instead of what you own, so that you own it free and clear.   Two blog post ago we went through a list of ways Chapter 7 buys you time with your vehicle lender. Included was that it buys “time to gather funds to redeem your vehicle for … Read More