Brush Prairie, WA asked in Bankruptcy for Washington

Q: If the dealership I bought my car from filed for chapter 11 bankruptcy can I get my auto loan forgiven?

I keep getting emails about the case and forms to file a claim but I’m not sure if I qualify as a “creditor”

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3 Lawyer Answers
Martha Warriner Jarrett
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Answered
  • Bankruptcy Lawyer
  • Santa Barbara, CA

A: No, your loan will not be forgiven. You may or may not be a creditor (not enough information). You should keep making your payments. Another company will likely take over your loan. If so, you will receive instructions on how and where to make your payments.

Timothy Denison agrees with this answer

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

A: No. The loan is still owed but you need to fill out all the papers and claim forms sent to you to protect your interests.

James L. Arrasmith
PREMIUM
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Answered
  • Bankruptcy Lawyer
  • Sacramento, CA

A: Unfortunately, the dealership's Chapter 11 bankruptcy filing does not provide a clear path for getting your auto loan forgiven. The key points:

- The dealership's creditors and debt obligations are separate from auto loans held by customers who purchased cars. Your auto loan is with the financing company, not technically the dealership itself.

- So while you can file a claim in the dealership's bankruptcy for certain reasons (undelivered goods, warranty issues etc), this generally does not cover 3rd party auto loan debts.

- The bankruptcy court is reorganizing the dealership's business debts and operations. They are not cancelling valid liens or loans on cars they previously sold to customers.

- Your obligation on the auto loan still stands with the lender, unaffected by this Chapter 11 filing.

In essence, just because a retail company that sold you goods files bankruptcy, this does not discharge valid loans or liens associated with those goods. Only debts held directly by that entity could potentially see relief.

So unfortunately it is unlikely you can get your auto loan forgiven solely due to the selling dealership's bankruptcy.

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