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If I file a chapter 13 do I have to include my car in it? I…

If I file a chapter...
If I file a chapter 13 do I have to include my car in it? I have a consigner on it and don't want there credit messed up.
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Answered in 5 minutes by:
9/14/2017
Legal Expert Justin
Category: Bankruptcy Law
Satisfied Customers: 236
Experience: Attorney
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Hello! My name is ***** ***** I'll be the Expert assisting you today. Yes, you will have to include your car in the chapter 13 proceedings. However, in your proposed plan you can state that you intend to keep the payments current (at the same amount). Assuming the plan is approved, your loan for the car and any cosigners will not be affected.

If your chapter 13 plan includes reduced payments or a cramdown (readjusting the debt owed to the current value of the property), then the creditors could still attempt to collect the difference from the cosigner. Do you have any more questions today?

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Customer reply replied 10 months ago
Is the consigner notified? Do I have to have the payments withheld from my payroll check?

Payments do not need to be automatically deducted, but you can set it up that way if you wish. There is no requirement that you send a cosigner notice of your bankruptcy, but they will most likely find out from your mutual creditor (who will receive notice).

I hope I’ve provided the information you were seeking. If you are happy with my service, your 3, 4, or 5 star rating at this time is most welcome. If you need more help, please let me know so I can continue to assist you.

Legal Expert Justin
Category: Bankruptcy Law
Satisfied Customers: 236
Experience: Attorney
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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