Keeping Your Car in Chapter 7 Bankruptcy Through Redemption
You can keep your car in Chapter 7 bankruptcy if you redeem it -- that is, pay the car's market value in one lump sum.
If you owe money on your car when you file Chapter 7 bankruptcy, you have three choices with regard to your car loan. You can choose to surrender the car, which means you will not have to repay the debt in exchange for giving up the car; you can choose to reaffirm the car loan debt, which means you will keep the car and agree to repay the loan as if you had not filed bankruptcy; or you can choose to redeem the car.
Read on to learn about this third option -- redemption. (To learn about surrender and reaffirmation, see Your Car in Chapter 7 Bankruptcy.)
What Is Redemption?
Redemption is not as common as reaffirmation or surrender. If you choose to redeem your car loan, you can keep your car, but you must pay the lender the current value of the vehicle, all in one lump sum. To successfully redeem your vehicle, you must:
- propose the amount you will pay (the value of the car)
- get the creditor to agree to the value or go to court for a judge to decide, and
- pay the amount within a specified period of time.
What is the value of your car? Value for redemption purposes will depend on what your lender will accept, but the legal standard is that you must pay retail value -- that is, the amount a merchant (such as a dealership) would charge for that same vehicle, given its age and condition. To prove value, you can look to vehicle valuation guides such as the Kelley Blue Book, the Black Book, or the NADA Guide. These guides provide the values for vehicles based on make, model and year, as well as condition. These guides' result are generally accepted as sufficient evidence of value, but if you disagree with the creditor about the car's condition, you may run into trouble. You can also obtain an appraisal, which can be expensive but which holds more evidentiary weight.
Once you and the creditor agree on the car's value or the court decides the value of the car, you must come up with the money to pay the full value in one payment. Once the court enters your discharge at the end of your Chapter 7, the creditor must release its lien, and you will own the car free and clear.
files Chapter 7 bankruptcy. He owes $10,000 on his car, but he knows
it's worth far less. The Kelley Blue Book lists the retail value of the
car at $6,000. Ted indicates in his bankruptcy paperwork that he intends
to redeem the vehicle and offers the lender $6,000 for the car. The
lender argues that the car is in better condition than Ted says, and
they go to court. The judge hears testimony about the condition of the
car and decides that the retail value is $7,000. Ted pays $7,000 to the
creditor and is able to keep his car. The lender calls the debt paid in
full and gives Ted clear title.
Pros and Cons of Redeeming Your Car in Chapter 7
Redeeming your car has the benefit of providing you with transportation without a car payment. You also spend less on the vehicle overall. Although you have to pay a large sum up front, you pay far less than you would have if you had continued to make payments on the vehicle for the original loan term.
Redemption can be difficult, however, because you will have to come up with the lump sum of cash to pay the creditor. Additionally, agreeing on a valuation with the creditor is not always simple or quick, and you may have to go to court, which could end up costing you extra attorney fees.