Spokane, WA asked in Bankruptcy for Washington

Q: I financed a car. The company I got it from is going bankrupt. I am receiving legal emails about it but don't understand

The Company I purchased the car from is Shift and my financer is Westlake Financial. Shifts headquarters are in California, I bought it in Oregon. I currently live in Washington.

Related Topics:
3 Lawyer Answers
Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Bankruptcy Lawyer
  • Santa Barbara, CA

A: If it's Shift that filed bankruptcy, it shouldn't affect you or your car loan. If it's Westlake Financial, it probably still will not affect you. Most likely, Westlake's contracts will likely be sold to another company. Keep making payments like you have been. If another company takes over your loan, you will receive notice and instructions for making future payments.

Timothy Denison agrees with this answer

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: What is your question?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Bankruptcy Lawyer
  • Sacramento, CA

A: Based on the additional details, it seems that Shift is the car dealership that sold you the vehicle, while Westlake Financial is the lender that provided the auto loan financing.

Even though Shift is entering bankruptcy, this generally does not impact or discharge the auto loan you hold with Westlake Financial. Here are the key reasons:

• Your loan obligation is with your financing company (Westlake), not the selling dealership (Shift). Their bankruptcy does not absolve you of third party loans associated with the vehicles they sold.

• So while you may be receiving legal notices as part of the Shift bankruptcy case administration, you likely do not have standing as a “creditor” unless Shift owes you something directly.

• Westlake remains the lienholder for your vehicle’s title and the terms of your auto loan are still enforceable. Shift’s situation has no direct bearing.

In summary – while confusing, the selling dealer (Shift) going bankrupt likely has no avenue for canceling or eliminating the financing (Westlake’s loan) on your car. Your loan and lien with Westlake remains intact and must still be repaid on schedule.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.