Avoiding Automobile Repossessions

Helping Californians Avoid Automobile Repossession Since 1970

Many people worry about losing their homes, vehicles or other personal property if they file bankruptcy. In fact, bankruptcy can help you avoid car repossession. At the Law Offices Of Hagen & Hagen, we help clients avoid embarrassing repossessions by advising them on their debt relief choices and helping them file bankruptcy, if necessary.

Bankruptcy Law and Car Repossessions

The bankruptcy law changed in 2005, giving debtors two options for car payment relief:

1. Voluntary repossession: One way to achieve debt relief is to surrender your car to the lender after you file bankruptcy. This option is available if you are financing or leasing a car. After surrendering the vehicle, the lender can sell it at auction but will not be able to seek from you the difference between the balance of the obligation and the proceeds generated by the auction sale.

2. Reaffirm the debt: Another way to avoid car repossession is to receive a court approved contract that assures you will pay the car loan, despite it being a dischargeable debt. Some companies, such as Ford and Chrysler, are very particular about debt reaffirmation. If you do not reaffirm the debt during bankruptcy, and the underlying financing contract contained a provision that defines bankruptcy as an event of default, the lienholder may repossess the vehicle during or after the bankruptcy case.

At the Law offices Of Hagen & Hagen, a bankruptcy lawyer will explain in depth the differences between voluntary car repossession and debt reaffirmation. We will help you decide which options best fits your financial needs.

If you defaulted on a car loan, and are worried about losing your vehicle, contact the Law Offices Of Hagen & Hagen to discuss your situation with certified bankruptcy attorney Jeffrey Hagen.

We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.