FREE Debt Relief & Bankruptcy Consultation
(330) 409-2876 or (877) 505-9455
FREE Debt Relief Consultation Call (330) 409-2876 or (877) 505-9455
Sheppard Law Offices
TALK TO A CANTON OHIO BANKRUPTCY ATTORNEY TODAY (330) 409-2876
When filing for chapter 7 bankruptcy in the Akron-Canton area and throughout Ohio, you have the option to surrender or redeem your vehicle, or to reaffirm the vehicle loan. When filing for chapter 13 bankruptcy, the debtor is allowed to keep their vehicle if the vehicle loan is paid as part of the chapter 13 plan. There are additional exemptions available which may help owners to keep vehicles they own outright.
In order to keep your vehicle(s) in a chapter 7 bankruptcy, the bankruptcy courts look at the number of vehicles you own, the current value of each vehicle, whether there are vehicle loans present and the outstanding balances if vehicle loans are owed. Payments must be current on the vehicle loan at the time of filing chapter 7 bankruptcy if you are seeking to reaffirm the vehicle loan.
Reaffirmation of a vehicle loan is an agreement between a debtor and a creditor where the debtor may keep a their car, truck, motorcycle, or other vehicle after the bankruptcy case has concluded as long as the debtor agrees to continue making the loan payments for which the vehicle is collateral. The terms of the secured loan at the time of the bankruptcy filing after the bankruptcy is closed. If the reaffirmed vehicle loan is defaulted on after the bankruptcy has concluded, the creditor retains all rights to pursue the debtor for collection or repossession and the debtor remains personally liable for the secured loan. Simply stated, reaffirmation agreements favor creditors, not debtors. In the cast that a reaffirmation agreement is not executed, the debtor still may continue to keep the vehicle as long as the loan payments remain current in many circumstances. However, there are some creditors that will repossess the vehicle if a reaffirmation agreement is not executed.
Many of our clients that are filing for bankruptcy are permitted to keep their fully owned car(s) and/or truck(s) during the bankruptcy proceeding. Additionally, through Ohio Motor Vehicle and Wildcard exemptions they frequently qualify to keep their vehicles after the bankruptcy case is closed. Experienced Canton, Ohio Bankruptcy Attorney Ken Sheppard can explain how your car, truck, motorcycle or other vehicle will be treated in either type of bankruptcy.
if you are not current on your vehicle loan at the time your chapter 7 bankruptcy case is filed, you will not be able to keep the vehicle. Your recourse will be to get current, consider the redemption option, or file a chapter 13 bankruptcy. Once you file for chapter 7 or chapter 13 bankruptcy the fear of repossession of your vehicle is eliminated. If you are behind on your auto loan payments, it doesn't take very long (1-2 months and sometimes sooner) before a creditor may seek to repossess your car, truck, or other vehicle. At the time of your bankruptcy filing the automatic stay provision takes effect and creditors are then legally forbidden from collecting (e.g. repossessing) your vehicle. Canton, Ohio Bankruptcy Lawyer Ken Sheppard, Jr. can share with you how Ohio and Federal Exemptions are applicable to protecting the equity in your vehicle. When filing chapter 7 bankruptcy, the Chapter 7 Trustee's duty is to seek the liquidation of non-exempt assets to pay unsecured creditors. Bankruptcy Attorney Ken Sheppard can help you understand your options involving your car, truck, atv, motorcycle, RV, boat, etc.
Sheppard Law Offices
Canton, Ohio Office
Belden Village Tower, 200
Canton, Ohio 44718
Tel: (330) 409-2876
Columbus Ohio Office
2600 Tiller Lane, Suite A
Columbus, Ohio 43231
Tel: (614) 523-3106
Newark, Ohio Office
843 N. 21st Street, Suite 108
Newark, Ohio 43055
Tel: (740) 345-7138
Mt. Vernon, Ohio Office
11 West Gambier Street
Mt. Vernon, Ohio 43050
Tel: (740) 392-0404
We are a debt relief agency. We help people file for protection under the U.S. Bankruptcy Code.
© Copyright Sheppard Law Offices. All Rights Reserved.
Sheppard Law Offices, LPA is conveniently located and serving chapter 7 and chapter 13 bankruptcy clients in Canton, Ohio. Our office is a short drive from throughout Stark, Tuscarawas, and Summit Counties. We regularly provide debt relief solutions to clients from Akron, Canton, North Canton, Massillon, Dover, New Philadelphia, Alliance, Navarre, Strasburg, Ballivor, Jackson Township, Canal Fulton, Barberton, Greenlawn, Medina, Wooster, Orrville, Dalton, Minerva, Ashland, Wadsworth, Carrollton, Dundee, Millersburg, Hartville, Doylestown, Green, Uniontown, Salem, Columbiana, Uniontown, and throughout Ohio.