It’s common for individuals to seek a car loan after bankruptcy but what happens if you need one before your case is completed? You may be able to get a car loan while in bankruptcy depending on which chapter you file. The chapter filed may have an effect on how you proceed in obtaining your car loan.
Chapter 7 bankruptcy allows qualifying debt to be eliminated or discharged. This chapter also allows liquidation of assets with proceeds being distributed to creditors. Chapter 13 reorganizes debt into a repayment plan that lasts from 3 to 5 years. Chapters 7 and 13 have different timetables when it comes to completing the process; something the loan lender may need to take into consideration.
The Chapter 7 process includes completing the means test to review income and assets. After you pass the test a meeting is scheduled with your creditors. This step is important since some lenders may not consider you for a loan unless this meeting has taken place. While lenders often wait until you receive a discharge, if the meeting of the creditors has been completed your application could be reviewed.
If you file Chapter 13, you may need permission from your trustee before applying for the loan. Your Chapter 13 plan is created to help you with existing debt obligations, so you will need permission before incurring another debt. If permission is granted, the trustee may set a certain amount to borrow or cap the interest rate. Questions and concerns should be reviewed with your bankruptcy attorney and loan lender.
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