The term “cramdown” allows a debtor who owns a vehicle that is worth less than what is owed on it to reduce the balance and interest rate on the car loan. It is far too common for individuals to end up with a car loan balance that is greater than what the car is worth. In a chapter 13, you can propose that the lender of the vehicle receive only that value of the car instead of the entire amount owed due under the loan. For example, you owe $20,000 on your car and it is only worth $10,000 now, you can claim that the lender only has $10,000 that is secured. So, if the lender were to repossess you vehicle, the lender would only receive $10,000. Therefore, the remaining balance of the loan should be $10,000, treated as unsecured claim.
There are restrictions on a vehicle cramdown. First, a vehicle cramdown is only available in a Chapter 13 bankruptcy. Second, the vehicle must be for personal use. Third, the vehicle must have been purchased at least 2 ½ years (910 days) before filing for bankruptcy. Lastly, the loan must be more than the fair market value of the vehicle.
The debtor may also ask to reduce a high interest rate, or change the number of months for repayment. However, the interest rate and payment time may still be adjusted to a court-ordered interest rate, called the “Till rate” so named after the U.S. Supreme Court case, Till v. SCS Credit Corp., 541 U.S. 465 (2004). The Till rate is often less than the debtor’s original interest rate, and lowers the monthly payment. Vehicle debt for many Chapter 13 debtors is paid at the Till rate over the course of the bankruptcy case.
If you want to know if you qualify for a cramdown in a Chapter 13 bankruptcy, contact the Wright Law offices with offices located in Avondale, Phoenix, and Scottsdale.
"Benjamin Wright with Wright Law Office made a very difficult time for us much easier. We were struggling and did not know what our options were. He explained all our options and helped us to make the best financial decision. They made things easy and were always available to answer any questions we had. I would definitely recommend him."
Why should you hire our firm to represent you in bankruptcy?
Great question. Here are a few reasons:
- 1. Bankruptcy is our sole area of practice. Attorney Wright has over 10 years of experience in the field of bankruptcy and has helped over 1000 people successfully file.
- 2. Attorney Wright has an accounting background that is useful in analyzing complex financial documents. Prior to law school he obtained a degree in accounting from the University of Wisconsin School of Business. He exercised his strong numerical aptitude in the field of accounting, including several years with The Kohler Co., before ultimately deciding to pursue a law degree.
- 3. New clients meet with an attorney during their first visit. We understand your time is valuable. It is important your questions are answered quickly and accurately so you can take appropriate steps to secure a better financial future and eliminate fear and stress.
4. In business, referrals are the highest form of professional compliment. We frequently receive referrals from other lawyers and previous clients.
- 5. Our firm is small which enables us to focus on quality over quantity. We don’t have billboards on the I-10 or banners affixed to public transportation. Our approach is a bit more understated. We care about people and doing things right and it shows in our low employee turnover and positive reviews.
- 6. Perhaps the most important consideration is the cost of filing bankruptcy. We continuously assess our fees to ensure we offer fair and competitive pricing. We want to offer you a deal without sacrificing the quality of your experience.
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What our clients are saying…
Mr. Wright and his staff were amazing. They made a negative situation a lot better and turned it into a positive. Could really tell they care helping people and I will refer their Phoenix Bankruptcy Attorney firm to friends and family. Thanks again.
I called around looking for the right bankruptcy lawyer and came across Benjamin Wright. He personally called me for the consultation seeing how I live in Kingman AZ. He was very helpful from the start and his staff was very friendly and explained any questions I had, sorry for all the questions. I would definitely recommend Wright law offices, and I do!! Thanks for everything, you made what seemed like a hard thing to do simple!! You guys rock!!!
Great lawyer, he really helped my mother out of a jam. She was totally new to bankruptcy and he talked with us for about an hour and a half to make sure she wouldn’t be worried.
Ben is a kind and down to earth attorney. He worked around my busy schedule as a single mom (school, full-time job, and daycare pick up and drop off times). He explained absolutely everything to me and was good about e-mailing. I am writing this review as a THANK YOU.
I had a very positive experience with Attorney Wright. He or his staff returned my e-mails and calls promptly (even after business hours occasionally). His fees were reasonable. He was patient with me when I showed up in court missing an important document. He is aggressive, but fair and nice.