Chapter 7 Open Bankruptcy Auto Loans

Bankruptcy with an Upside-Down Car Loan

A bankruptcy on your credit history can make it very difficult for you to get an auto loan, and getting an auto loan with an open bankruptcy is even harder. Lenders see an open bankruptcy as you are still in debt. It has not been discharged, and therefore they ask themselves, if they are still in the middle of repaying their debt, how will they be able to make the payments on this vehicle? If you are currently in an open chapter 7, getting a car loan will be nearly impossible.

Chapter 7 Bankruptcy

When you file a chapter 7 bankruptcy you must first past a means test, which proves to the court that you do not make enough to repay the creditors on your own. You are appointed a trustee for your case and they will liquidate your assets into cash to disperse between the creditors you have incurred debt with. You will receive your discharge papers from the judge in about three to four months. During those months your case will remain open.

If you need an auto loan and are currently in an open chapter 7 bankruptcy it will be more difficult to obtain than if you were in an open chapter 13 bankruptcy. Reason being, most judges will not allow you to incur more debt, such as an auto loan, due to the fact that the case will only remain open for a short amount of time. Most auto lenders also will not look at you if you have not yet received your discharge papers from the judge. With that being said, it is highly recommended that you wait the few months, until you get your discharge papers, to file for an auto loan.

You Received Your Discharge Papers

After you have received your discharge papers from the judge you can start looking to apply for an auto loan. Your best bet will be to use a special finance company, like ours, that specializes in bad credit auto loans. We place debtors with dealerships that accept bankruptcies, or bad credit history. Now that you are discharged from your bankruptcy it will be easier to get approved, but you will have a higher interest rate, and most likely will need a down payment.

If you are ready to turn your credit around you can start by filling out our online application today.

We are not lawyers and cannot give any legal advice. The topic discussed in this article is only to explain our experiences over the years, and may vary with every customer.

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