Once bound by a reaffirmation agreement, the debtor will be perso- ally liable for the debt. If the debtor defaults later, the creditor can obtain a judgment against the debtor personally in addition to repossessing the property securing the debt.
What happens if you don’t reaffirm a car loan?
If you don’t sign a reaffirmation agreement, the lender can repossess your car after your case closes and the automatic stay lifts. Some car lenders are known to repossess the car immediately, even if you are current on payments.
Who is responsible for the loan on my car if I voluntarily?
So in the long run, you will be responsible for part of the loan if you voluntarily surrender your vehicle. Depending on how much you owe on the vehicle and how much the lender resells the vehicle for will determine the deficiency balance.
Who is responsible for the deficiency on a car loan?
Depending on how much you owe on the vehicle and how much the lender resells the vehicle for will determine the deficiency balance. You will be responsible for the deficiency balance and the voluntary reposession will still show up on your credit report.
What happens when you surrender a car in bankruptcy?
Process for Surrendering Your Car. Once the court lifts the stay, the creditor can repossess the vehicle, or you can voluntarily turn the vehicle into the creditor at an agreed location. The creditor will sell the car at auction but, if it doesn’t sell for the amount you owe, you won’t be responsible for the balance.
What happens if a car is repossessed for failure to make payments?
If your car has been repossessed for failure to make payments, the sale price of your car at auction may not cover the balance that you owe to the lender. If not, your lender can ask that a court enter a monetary judgment against you for the remaining balance on your loan, called a deficiency judgment.
