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Auto Loans during Bankruptcy
Many Americans file bankruptcy and need an auto loan during bankruptcy, before the bankruptcy is discharged. Here are some general rules of thumb pertaining to getting an auto loan during bankruptcy.
Bankruptcy Car Loans from Buy Here Pay Here Dealers
Since they lend their own money,
buy here pay here car dealers make up their own rules. Most will lend to people during either a Chapter 7 or a Chapter 13 bankruptcy. A small minority of buy here pay here and
lease to own car lots will place a locating device on the used car. This device is used to located the used car if payments are missed and the used car lot needs to repossess the used car.
Bankruptcy Car Loans from Indirect Lenders
Only a handful of auto lenders will even consider approving an auto loan during bankruptcy. For those that will consider lending money to people in bankruptcy the guidelines are similar.
Auto Financing During a Chapter 7 Bankruptcy
If you're in a Chapter 7 bankruptcy and want to get a
used car loan to buy a car lender's require that the first official court ordered meeting or your creditors has passed. This meeting is also labels the "
341 Meeting".
Some of these auto finance companies require the car lot to sign recourse until the bankruptcy discharges. If your bankruptcy does not terminate if a court ordered discharge, the car lot becomes the lender and you have to make your payments there.
Auto Financing During a Chapter 13 Bankruptcy
Getting an auto loan during bankruptcy from an auto loan lender is much more difficult than getting a loan from a buy here pay here or lease to own car lot. Lenders that finance people during a chapter 13 bankruptcy require an "
Authorization to Incur Debt" from your bankruptcy trustee.
This process delays the used car buying process and often makes it impossible for a person to get a car loan during a chapter 13 bankruptcy. Why? The court trustee requires all the details of the transaction, including the specific vehicle. By the time your paperwork makes it through the court system, which could take up to a month, chances are the car lot sold the car to someone else, when this is the case you have to start all over again.