How to Buy a Car While in Bankruptcy
Confirm what type of bankruptcy you have filed for., Know how your bankruptcy impacts your credit., Understand the difference between exempt and non-exempt assets., Examine whether you truly need a car., Wait if you can., Be proactive about your...
Step-by-Step Guide
-
Step 1: Confirm what type of bankruptcy you have filed for.
Before you attempt to purchase a car, know whether you have filed for Chapter 13 or Chapter 7 bankruptcy.
If you file for bankruptcy as an LLC or a business, then your bankruptcy falls under Chapter 11, which carries a different set of rules for asset seizure and debt repayment.If you have filed for Chapter 7 bankruptcy, your debts are typically eliminated completely, and the process usually takes three to four months.
Chapter 13 bankruptcy involves repaying your creditors through a Chapter 13 repayment plan that typically lasts three to five years.
The repayment plan involves paying a high portion of your monthly income towards debt repayment.
Afterwards remaining debts are usually eliminated.
For more information, see how to know the different between chapter 7 and chapter 13 bankruptcy -
Step 2: Know how your bankruptcy impacts your credit.
Under both Chapter 7 and Chapter 13 bankruptcy, your credit score will be badly damaged for some time to come.
It can take up to 10 years to fully erase the impact of filing for bankruptcy (either Chapter 13 or 7).
However, purchasing power through credit can usually be reestablished after 3 years if the initial debt situation was not too drastic., Every bankruptcy case is different and varies in relation to an individual’s income, the particular amount owed to creditors, and the types of assets an individual holds.
Under Chapter 7 bankruptcy, a reasonably priced vehicle that provides you with transportation to necessary destinations, like work or the doctor’s office will usually not be seized to pay off your creditors.
However, if you purchased a luxury vehicle, you may be forced to sell that vehicle, purchase a more affordable vehicle, and use the remaining portion for debt repayment.
So, before considering the purchase of a new vehicle, see what options are available to you through a debt consultant., Unless you have sufficient cash to purchase a car, getting a car will mean acquiring new debt.
While in bankruptcy, acquiring debt means facing potentially high interest rates (as high as 18%) and adding to your debt at a time when you are working to reduce it.
Most importantly, you will need to prove to the court as well as your trustee that a car is necessary.
If there are alternative options to owning a car (using public transit, walking, carpooling), utilize these first.
This could save you significant amount in interest costs, and help you return to financial stability quicker. , Your credit improves as you move further into the bankruptcy process.
While it can take 10 years to restore your credit fully, you may be able to negotiate better financing options 1 or 2 years into the bankruptcy process.
The longer you wait to purchase a new vehicle, the better payment terms you will get., Don’t be afraid to consult with a credit or debt specialist to gauge where your credit and financial situation is at throughout the process.
While bankruptcy can be demoralizing and difficult to cope with, there are many resources to help you get through the process.
Consider local credit counselors or financial planners to start.
A simple look through your phone book or online will indicate who is available in your region. -
Step 3: Understand the difference between exempt and non-exempt assets.
-
Step 4: Examine whether you truly need a car.
-
Step 5: Wait if you can.
-
Step 6: Be proactive about your finances.
Detailed Guide
Before you attempt to purchase a car, know whether you have filed for Chapter 13 or Chapter 7 bankruptcy.
If you file for bankruptcy as an LLC or a business, then your bankruptcy falls under Chapter 11, which carries a different set of rules for asset seizure and debt repayment.If you have filed for Chapter 7 bankruptcy, your debts are typically eliminated completely, and the process usually takes three to four months.
Chapter 13 bankruptcy involves repaying your creditors through a Chapter 13 repayment plan that typically lasts three to five years.
The repayment plan involves paying a high portion of your monthly income towards debt repayment.
Afterwards remaining debts are usually eliminated.
For more information, see how to know the different between chapter 7 and chapter 13 bankruptcy
Under both Chapter 7 and Chapter 13 bankruptcy, your credit score will be badly damaged for some time to come.
It can take up to 10 years to fully erase the impact of filing for bankruptcy (either Chapter 13 or 7).
However, purchasing power through credit can usually be reestablished after 3 years if the initial debt situation was not too drastic., Every bankruptcy case is different and varies in relation to an individual’s income, the particular amount owed to creditors, and the types of assets an individual holds.
Under Chapter 7 bankruptcy, a reasonably priced vehicle that provides you with transportation to necessary destinations, like work or the doctor’s office will usually not be seized to pay off your creditors.
However, if you purchased a luxury vehicle, you may be forced to sell that vehicle, purchase a more affordable vehicle, and use the remaining portion for debt repayment.
So, before considering the purchase of a new vehicle, see what options are available to you through a debt consultant., Unless you have sufficient cash to purchase a car, getting a car will mean acquiring new debt.
While in bankruptcy, acquiring debt means facing potentially high interest rates (as high as 18%) and adding to your debt at a time when you are working to reduce it.
Most importantly, you will need to prove to the court as well as your trustee that a car is necessary.
If there are alternative options to owning a car (using public transit, walking, carpooling), utilize these first.
This could save you significant amount in interest costs, and help you return to financial stability quicker. , Your credit improves as you move further into the bankruptcy process.
While it can take 10 years to restore your credit fully, you may be able to negotiate better financing options 1 or 2 years into the bankruptcy process.
The longer you wait to purchase a new vehicle, the better payment terms you will get., Don’t be afraid to consult with a credit or debt specialist to gauge where your credit and financial situation is at throughout the process.
While bankruptcy can be demoralizing and difficult to cope with, there are many resources to help you get through the process.
Consider local credit counselors or financial planners to start.
A simple look through your phone book or online will indicate who is available in your region.
About the Author
Charlotte Harris
Specializes in breaking down complex creative arts topics into simple steps.
Rate This Guide
How helpful was this guide? Click to rate: