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Are the title loans included in bankruptcy? Advertiser Disclosure Advertiser Disclosure We are an independent, advertising-supported comparison service. Our goal is to help you make better financial choices by offering interactive tools and financial calculators that provide objective and original content. We also allow users to conduct research and evaluate information for free and help you make informed financial decisions. Bankrate has partnerships with issuers such as, but not limited to American Express, Bank of America, Capital One, Chase, Citi and Discover. How We Earn Money The offers that appear on this website are provided by companies who pay us. This compensation can affect the way and when products are featured on the site, such as the order in which they may appear in the listing categories and other categories, unless prohibited by law for our loans, mortgages,, and other home loan products. This compensation, however, does have no impact on the information we provide, or the reviews that you see on this site. We do not cover the vast array of companies or financial offers that may be accessible to you.



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3 min read Read Published on March 7, 2023.
Authored by Mia Taylor Written by Contributing Writer

Mia Taylor is a contributor to Bankrate and an award-winning journalist who has two decades of experience and worked as a staff reporter or contributor for some of the nation's leading newspapers and websites including The Atlanta Journal-Constitution, the San Diego Union-Tribune, TheStreet, MSN and Credit.com.







The edit was done by Rhys Subitch Edited by Auto loans editor

Rhys has been editing and writing for Bankrate from late 2021. They are dedicated to helping readers gain confidence to control their finances with precise, well-researched and well-researched content that break down complex subjects into bite-sized pieces.









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If you're struggling with financial trouble or require money to pay your bills, it can seem like a good way to gain access to cash fast. But suppose your money troubles get out of hand and you resort to filing bankruptcy to pay off your mounting debts. What happens to the car you signed over as collateral for that car title loan? Depending on whether you decide to pursue it, it could be possible to include your title loan in a bankruptcy filing and have the loan be discharged or restructured in order to provide more manageable payments. However, you could lose your vehicle if you can't meet loan repayment conditions. Title loans and Chapter 7 bankruptcy Chapter 7 bankruptcy is often known as liquidation. As part of Chapter 7 filing, unsecured debts are discharged. This includes credit card debt, medical debt as well as personal loans and even promissory notes. In the course of this process, the property you are not exempt from will be sold, and the proceeds are used to pay off creditors. A title loan, however, isn't an unsecure debt, but it's a secured debt . When you borrow money through the title of your car loan you give the vehicle to the lender as security for the loan. In plain English you have signed the pink slip to the car in exchange for a sum of money. As a secured loan, a title loan can't be dismantled in a Chapter 7 bankruptcy. "Although states have different laws, typically the majority of secured loans remain in existence," says Michael Sullivan who was a former personal financial consultant at Take Charge America, a non-profit financial and credit counseling firm. Because the loan is still in force, you will require to repay it in its whole or come up with an affordable payment arrangement in conjunction with the lender who holds the title loan. If neither option is possible, you can also choose to . There are also situations where the courts will allow title loans to be addressed in Chapter 7 proceedings, says Lamar Hawkins, a bankruptcy attorney with Guidant Law and member of the Arizona Board of Legal Specialization's Bankruptcy Law Advisory Commission. "The bankruptcy court disfavors the lending of predatory lenders and title loans are commonly expensive," says Hawkins, saying that in some instances the court may "rewrite the loan to market rates dependent on the worth of the vehicle and have the lender receive payments over time, so that the borrower is able to keep the vehicle and keep a means of transportation." The Bankrate tip
Make sure to continue making your payments prior to the time your bankruptcy case closes to keep from repossession.


title loans and Chapter 13 bankruptcy Chapter 13 bankruptcy is a restructuring of your debts. The procedure includes secured debts such as car title loans and mortgages. In Chapter 13, some unsecured debts can be granted forgiveness. The ones that aren't forgiven are reorganized and have to be paid back over time. "Chapter 13 permits you to make a repayment program where you pay each month into a trustee. In other words, at the end period of repayment, you have either paid an amount equal to the market price of the car based on the date you filed the petition ... or amount owed, whichever is less," says New Jersey bankruptcy attorney Edward Hanratty. As part of the Chapter 13 filing, you may also be able to lower the amount of the monthly installment payments you have to make to lower the cost of these payments. In addition, if you find that the rate of interest on your title loan is excessive it is possible that you will be able reduce the amount of interest you pay as part of Chapter 13. Chapter 13 process, says Dai Rosenblum, a Pennsylvania bankruptcy lawyer. While there is the risk of losing your car as part of Chapter 13 bankruptcy filings, you have far more options for restructuring your debt in order to avoid this from happening. Tell your lawyer about the title loan in advance when you are considering bankruptcy through the assistance by an attorney you need to be transparent about all your assets and also all outstanding debts and liabilities, such as your Title loan. In the absence of revealing the title loan will only cause more challenges. "When you file bankruptcy, you state under perjury penalties that you've listed every asset, including the vehicle, and each credit even that of the title loan," says Rosenblum. "Also the lawyer cannot solve the issue if they do not even know that it exists." Moreover, concealing the debts in bankruptcy can result in the case being dismissed. "Or in extreme cases the situation could end up resulting in prison time for bankruptcy fraud," says Hanratty. "It's more secure rather than regretting this." The final word: Car title loans are solvable by filing bankruptcy, however the way the debt is dealt with will depend on whether you're going to pursue Chapter 7 or Chapter 13 bankruptcy. There are options to have the debt restructured, paying total debt or transferring the vehicle to the lender. Before taking any action, consult with an attorney in bankruptcy who will assist you in navigating the options and decide on the best option for you.


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Written by a Contributing Writer

Mia Taylor is a contributor to Bankrate and an award-winning journalist who has two decades of experience and worked as a staff reporter or contributor for some of the nation's leading newspapers and websites including The Atlanta Journal-Constitution, the San Diego Union-Tribune, TheStreet, MSN and Credit.com.



The edit was done by Rhys Subitch Edited by Auto loans editor

Rhys has been editing and writing for Bankrate since late 2021. They are committed to helping readers gain the confidence to control their finances through providing precise, well-studied facts that break down otherwise complex topics into manageable bites.






Auto loans editor




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