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”
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
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.
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.
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.