Showing posts with label keep car in bankruptcy. Show all posts
Showing posts with label keep car in bankruptcy. Show all posts

Monday, October 21, 2024

Can You Stop Auto Repossession In Georgia?

If you have fallen behind on car payments, repossession can be right around the corner. Living without transportation can be challenging for you and your family. Filing bankruptcy can stop repossession. King & King can help.

Bankruptcy law in 2024 says that in both a Chapter 7 and a Chapter 13 bankruptcy, an “automatic stay” goes into effect as soon as you file. The “automatic stay” prevents creditors from continuing to pursue collection efforts against you while you are in your bankruptcy, including repossession.





It is possible to keep your car when you file bankruptcy. The key is to act fast and speak with a qualified bankruptcy attorney, such as King & King, at the first sign of financial trouble. The sooner you get a case number, the sooner collection calls and repossessions are put to a stop. We have the background you need to get a fresh financial start, and can help you organize your debts in a way that fits your budget. Call us today for a free consultation at 404-524-6400.

Wednesday, May 15, 2024

If I File Bankruptcy Can I Keep My Car?

Bankruptcy laws in 2024 allow you to keep your car, if your bankruptcy schedules exempt the equity value in your car and you keep making your payments in time during the course of the of your bankruptcy case. The exemptions necessary to keep your car are complex and must be filed properly. The experienced bankruptcy attorneys at King & King can explain the process and help you keep your car.





Most people can keep their cars in bankruptcy with little worry. Bankruptcy laws protect property that is needed to start over once your debt is wiped out. A car is one of the basic pieces of property you need to rebuild your credit, stay employed and take care of your family.
A big worry for most people considering bankruptcy is what will happen to their car. The purpose of bankruptcy is to give you a fresh financial start, and the law recognizes that to have a fresh start, a debtor usually needs a car to survive.

Of course, if your vehicle payments are unduly burdensome, you could stop making them, file chapter 7 bankruptcy, and any balance owed to the lender should be discharged.  Relief from the automatic stay will typically be granted to the lender upon the filing of a motion and, after entry of an order, repossession can quickly follow.


Call the bankruptcy attorneys at King & King today for a free consultation. We will help you to a brighter financial future 404-524-6400 or visit us online at www.kingandkingattorneys.com

Monday, July 24, 2023

If You File Chapter 13 Bankruptcy, Can You Keep Your Assets?

If you are worrying about losing your car, home, or other assets upon filing for bankruptcy, Chapter 13 may be the better option for you. Chapter 13 reorganizes your debt into a repayment plan and protects your property.

 

If you have a large amount of assets, Chapter 13 bankruptcy offers advantages that may make it suitable. You can save your home, your car, 401k, and more. Your bankruptcy attorney will review your case with you so you can make an informed decision.

 




Another advantage of Chapter 13 is that you know going into it that the repayment plan will work for you because it is built from your current financial situation and income. Under your repayment plan, you may only pay off a portion of some debts but may pay off others entirely.  Each case is different.  Your attorney tailor-makes your case for you, depending on a variety of factors.

 

For most clients, the duration of your repayment plan typically lasts from three to five years. King and King will evaluate your situation and determine if Chapter 13 bankruptcy is right for you. Call our office today at 404-524-6400 to schedule a free, confidential consultation to discuss your options or visit us at www.kingandkingattorneys.com.

Friday, April 28, 2023

What Can You Keep in Chapter 7 Bankruptcy in Atlanta?

If you are thinking about filing for Chapter 7 bankruptcy in Atlanta, King & King can help. When bankruptcy works the right way, you will emerge from your bankruptcy debt free, while keeping your home, car, and possessions.



Property that will likely be exempt from liquidation in your Chapter 7 bankruptcy.



· Your primary motor vehicle.

· Clothing.

· Furniture, household goods and other items.

· Household appliances.

· Jewelry.

· Retirement pensions.

· Equity in your home.

· Tools of your trade.

· Social security, disability benefits and other public benefits.

· Personal injury damage awards.





Qualifying for bankruptcy is the first step you can take towards achieving a fresh financial start. Speak with a knowledgeable bankruptcy attorney from King & King today to get your questions answered with a no-obligation consultation.

Learn more about how to stop your home foreclosure, keep your car from being repossessed, and other important actions you can take to getting your life on track call King & King at 404-524-6400 for help today.
debt free with chapter 7 bankruptcy

Friday, October 25, 2019

Can You Stop Auto Repossession by Filing Chapter 13 Bankruptcy In Georgia?


If you have fallen behind on your car payments, repossession can be right around the corner. It can be a shock to walk out of work or your home and find your vehicle has been taken! Living without transportation can be challenging for you and your family. Filing bankruptcy can stop repossession.
In both a Chapter 7 and a Chapter 13 bankruptcy, an “automatic stay” goes into effect as soon as you file. The “automatic stay” prevents most creditors from continuing to pursue collection efforts against you while you are in your bankruptcy, including repossession.
If you file a Chapter 13 bankruptcy, you typically have three options:

Surrender your car
Pay what you owe over 3 – 5 years
“Cram down” your loan – In a Chapter 13 bankruptcy, you may be able to reduce the amount you owe on your car to its current value. This is called a “cram down.”  You may also be able to cram down your interest rate to much lower than what you have on your loan.  Your bankruptcy attorney has experience with cram downs and will be sure to use this option if possible.



It is possible to keep your car when you file bankruptcy. The key is to act fast and speak with a qualified bankruptcy attorney, such as King & King, at the first sign of financial trouble. The sooner you get a case number, the sooner collection calls and repossessions are put to a stop. We have the background you need to get a fresh financial start, and can help you organize your debts in a way that fits your budget. Call us today for a free consultation at 404-524-6400.


Tuesday, September 10, 2019

Are Creditors Trying to Take Your Car or Property? There Is Something You Can Do.


One of the most stressful aspects of dealing with debt you can’t repay are the debt collectors trying to get money from you. Sometimes, these efforts can also involve attempts to collect on debts by taking your property. Repossession is when a third party can legally take your property to repay a debt.

How Does Repossession Work?

Repossession can happen when you are behind on your payments for your car, furniture or other items bought on credit. Here are a few aspects of repossession it can be helpful to understand:



· Repossession can start as soon as you default on your contract, missing even a single payment in some cases.


· In most cases, your creditor will not need a court order to start repossessing property.


· Once the property is seized, it is difficult, but not impossible, for the borrower to reverse the situation.



Bankruptcy may be an option. A Chapter 7 Bankruptcy will temporarily stop your lender from being able to repossess your vehicle and may provide you with sufficient time to make a payment to bring your account current. A Chapter 13 Bankruptcy may also be an option. Chapter 13 would allow you to keep your vehicle and catch up on the back payments by repaying the amount you’re behind over a 3 to 5 year period.
The threat of losing your property is frightening. But you have options! By filing for bankruptcy, you may be able to make the repossessionstop by putting bankruptcy’s “automatic stay” to work in your case.
Call King & King at 404-524-6400 to schedule a consultation to discuss your repossession situation with an attorney – the evaluation of your case is free.

Monday, May 20, 2019

Can I Stop Repossession If I File Bankruptcy in Georgia?


If you are struggling with debt and unable to make payments, your creditor may try to repossess your car. There are things you can do to stop car repossession. The bankruptcy attorneys at King & King can explain your options and help you keep your car.



Can Bankruptcy Stop Repossession?
Yes. When you file bankruptcy, your creditors cannot repossess your car provided you agree to make payments. By filing Chapter 13 bankruptcy, your debt will be reorganized and reduced, and you will have the chance to repay that debt over a period of time.

Bankruptcy can also stop:
Wage garnishment
Lawsuits by creditors
Foreclosure
Other collection actions

My Car Has Been Repossessed. Can I Get It Back?
In most instances, if your car has been repossessed by a creditor, but has not yet been sold, you can get it back by filing Chapter 13 bankruptcy, but you must act quickly. Usually, creditors will hold the car for 10 days. If bankruptcy is filed before the creditor has resold the car, you should be able to get it back.

If you’re behind on your payments, contact the bankruptcy team at King & King to learn about your options. Facing repossession and other collection tactics can be frightening, but with the power of the bankruptcy code on your side, it doesn’t need to be. By choosing an experienced bankruptcy law firm, you can protect your valued property and stop debt collectors in their tracks. Call King & King today for a free consultation at 404-524-6400 or visit us online at www.kingandkingattorneys.com



Wednesday, December 19, 2018

How Can Bankruptcy Stop Your Car From Being Repossessed?


This can be a difficult time of the year for many families. You may be having trouble paying your bills, but you still want your family have a great holiday season. This may mean you spend more money than you should, and suddenly it’s easy to find you are facing serious debt problems. There is help.



First, be careful about how you approach your financial situation. Certain car creditors may be more aggressive than others. If you miss a car payment, the lender may repossess your car, which can make a difficult financial position much worse.

If your car is repossessed, the lender can sell the car and use the money to pay off the balance of the loan. If more funds are still owed, the lender can sue you for the outstanding amount. This means you may still be making payments on a car that you no longer have.  Your wages can also be garnished in this situation.

If you find yourself in this situation you have options. You can work with your lender to try to find a more manageable payment schedule or other type of loan modification. You can also take advantage of bankruptcy.

Under the “Automatic Stay” in Chapter 13 bankruptcy, any collections or repossession actions against you must stop. This allows you an opportunity to design a plan to meet your financial obligations, including car payments. You will be able to keep certain property, including vehicles, which is extremely helpful.

Filing bankruptcy means you can keep your car and start on the road to a better financial future. The experienced Georgia bankruptcy attorneys at King & King will analyze your specific situation and help you develop a plan that meets your needs. Call us today at 404-524-6400  for a free consultation.


Tuesday, August 14, 2018

Is It Better to File Bankruptcy Before or After Car Repossession in Atlanta?


While a vehicle lender can repossess your vehicle as soon as you are late on a payment, most lenders don’t repossess right away. They’d usually rather have you make the payments so that they earn the interest on the contract. Most likely your lender has the legal right to repossess, and sometimes repossession can happen very quickly.



It’s Better to File Chapter 13 Bankruptcy Before Repossession

Filing bankruptcy stops repossession, even if the lender has already started the process. The moment your Georgia bankruptcy lawyer files your case, an “automatic stay” goes into effect. This legally stops all collection efforts against you and your property. It will halt the repossession process in its tracks and allow you to protect and keep your car.

Getting Your Car Back After Repossession
You can potentially get your vehicle back after it’s already been repossessed. However, you must act fast and speak to a bankruptcy attorney as soon as possible. You may only have ten days to act. King & King has been helping people in Georgia gain a fresh start for over 40 years, and we understand everyone's financial circumstances are unique.  To find out what bankruptcy will actually mean to you, contact King & King today to schedule a free initial consultation at 404-524-6400.









Wednesday, June 13, 2018

Can I Keep My Car If I File For Bankruptcy In Georgia?


If you are thinking about filing for bankruptcy in Georgia, we know you have a few questions. One of the questions we hear most often is “what will happen with my car loan?” If you do not own your car outright will you lose it? Can it be left out of the bankruptcy?




Bankruptcy Can Help You Keep Your Car
If you’re filing under Chapter 13 bankruptcy, you’ll be able to keep your car as long as you keep making your Chapter 13 plan payments and otherwise comply with your Chapter 13 plan. Under Chapter 7, whether you keep your car will depend on your ability to make payments. In Chapter 7 bankruptcy, your attorney can file a “Statement of Intention” indicating whether you want to keep or surrender the vehicle. If you cannot afford the monthly payments on your car loan, then you may consider surrendering the car. The auto loan balance will be fully discharged in your Chapter 7 bankruptcy.

King & King has been helping people in Georgia gain a fresh start for over 40 years, and we understand everyone's financial circumstances are unique.  To find out what bankruptcy will actually mean to you, contact King & King today to schedule a free initial consultation at 404-524-6400.