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"How To Get Out Of A Title Loan Without Losing Your Car" Discussion

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Professional Q&As for "How To Get Out Of A Title Loan Without Losing Your Car"

Upsolve Community Member
2022-01-12

My question is I had a title loan 7 yrs. ago I didn't pay I tried to surrender the car but they would not take it. How long can them come after me for this debt?

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Community Replies:

Upsolve Community Member
Hi Joe, Here is an article from the Upsolve Learning Center that may be of help to you! https://upsolve.org/learn/get-out-of-title-loan/ I hope this helps! :-)

Upsolve Community Member
There's more information about title loans here, if it helps! https://upsolve.org/learn/car-title-loans/ 

Upsolve Community Member
2022-01-09

If I file for a chapter 13 bankruptcy, would I be able to keep my car if I have a title loan?

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Community Replies:

Upsolve Community Member
Hi Azalia! Thanks for your question. This article from the Upsolve Learning Center should help answer your question: https://upsolve.org/learn/get-out-of-title-loan/ I hope this helps! :-)

Upsolve Community Member
Azalia, you might also want to get familiar with the term cramdown if you're planning on filing for Chapter 13. The article https://upsolve.org/learn/chapter-13-cramdown/ can help. 

Upsolve Community Member
Please let us know if you have any other questions! 

Upsolve Community Member
2021-10-27

I would like to keep my car

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Community Replies:

Upsolve Community Member
Contact your Lender and tell them. They will send you a Reaffirmation  form. Put it as Exempt on Schedule C. include Form 108.

Upsolve Community Member
You can also learn more here! https://upsolve.org/learn/can-keep-car-file-bankruptcy/

Upsolve Community Member
This is an interesting option; so if I have a title loan that is almost exactly the cars worth, if I don’t reaffirm it will still be listed as included in bankruptcy but no future on time or missed payments would ever be reported? What’s to stop the lender from repossessing vehicle when there’s like $500 to $700 left? All that money paid only to find the car taken back because the lien survives the bankruptcy; or, would they be in violation if payments continued and they still took the car back?  This is where I get confused because reaffirming keeps me on the hook, but ensures car is mine if paid.  If no reaffirmation, what protections would I have to keep them from repossession at a whim? 

Upsolve Community Member
2021-10-05

i'm on disability. i only get 814 a month. a lawyer told me, that because i don't own anything except for my dakota, i have a case called: motion to dismiss. i have roughly $13K in loan/credit card debt, with 1 loan being tied to my truck title (it's a lien, the truck was bought and paid for with cash), and another loan that has personal property (movies, video games, etc). nothing i own comes anywhere near the amount i owe in debt, my truck ain't even worth the amount it'll take to pay off the lien (credit karma says my truck is worth less than 2500. the loan pay off is almost 7K). how would i be able to file for bankruptcy and keep my truck and my personal property?

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Community Replies:

Upsolve Community Member
Hi Eric! Thanks so much for your question. This article might be a helpful first place to learn more: https://upsolve.org/learn/can-keep-car-file-bankruptcy/

Upsolve Community Member
Welcome, Eric, to our community!

Upsolve Community Member
2022-01-08

I’m trying to get my transcript but school has me owning 13k all for 1 semester I didn’t even get to do spring because of that. The school was pressuring me to accept loans I told them no and I ask them will it help they said they don’t know. I reach out to lawyer before and they told me pay them 3k but I found out I can do it myself and free. So I want to know all the paperwork I have to bring taxes, the paper itself with the debt,.... etc. I don’t have no car living with family member. So process should be easy????

6 Reactions

Community Replies:

Upsolve Community Member
Hi Ricardo, Here is an article to understand how Upsolve works: https://upsolve.org/how-we-work/. This article will also be helpful: https://upsolve.org/learn/type-debt-erase-chapter-7-bankruptcy/

Upsolve Community Member
Hello Ricardo! Now that Erin has provided info about Upsolve and how it works, the Upsolve Learning Center has a section on https://upsolve.org/learn/category/student-loans/ as relates to bankruptcy. 

Upsolve Community Member
From your post, this sounds like you went to a private (for-profit) trade school? If you can let me know, I can be of further help! Also, The Upsolve Community has a dedicated "room" for https://my.upsolve.org/rooms/18 I hope to see you there! :-)

Upsolve Community Member
Check out the article titled https://upsolve.org/learn/getting-school-transcripts/ in our Learning Center for some tips! 

Upsolve Community Member
Ricardo, about "easy" -  Upsolve makes the pro se bankruptcy process easier by streamlining paperwork, providing step-by-step guides and a learning center, and answering questions along the way whenever possible. There's still some work involved, and the articles Erin posted get into the details of just how much work might be involved. The difference of whether it will be "easy" or "hard" will depend on an individual's experience with paperwork and the details of their finances and personal life. The process is smooth and relatively quick ([What is the Chapter 7 Bankruptcy Timeline?](https://upsolve.org/learn/chapter-7-bankruptcy-timeline/) for many people. About student loans (Mark's area of expertise) - I just want to point out to keep in mind public student loans (such as federal Stafford/Plus loans) and private student loans (not backed by the federal government) are treated differently in bankruptcy. There are two articles I recommend you review (that you'll also find in the link Mark provided on student loans): https://upsolve.org/learn/private-student-loans/ and https://upsolve.org/learn/bankruptcy-eliminate-student-debt/ that talks more about the difference. We're here to help make the process easier for you, so ask us any questions along the way and we'll try to help! 


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