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.

Read more about our bankruptcy services…

Receive a FREE Consultation

Use the form below or call us at 602-456-6085 today. We’re here to help.

Our Locations

  • Phoenix Office – New Wright Law Offices  2999 N. 44th St., Ste 600 Phoenix AZ 85018  Telephone: 602-456-6085 / 866-703-3287 Phoenix Law Office
  • Phoenix Office – Old Wright Law Offices  668 N. 44th St., Ste 320 Phoenix AZ 85008  Telephone: 602-456-6085 / 866-703-3287 Phoenix Law Office
  • Scottsdale Office  Wright Law Offices  7135 East Camelback Road, Ste 230 Scottsdale AZ 85251  Telephone: 480-845-0145 / 866-703-3287 Scottsdale Law Office
  • Tempe Office  Wright Law Offices  2238 S. McClintock Dr. Tempe AZ 85258  Telephone: 480-845-0145 / 866-703-3287 Tempe Law Office
  • Avondale Office Wright Law Offices  12725 W Indian School Rd, Suite E-101 Avondale AZ 85392  Telephone: 623-258-4480 / 866-703-3287 Avondale Law Office
  • Mesa Office Wright Law Offices  4856 E. Baseline Rd. Suite #104 Mesa, AZ 85206 Telephone: 480-845-0145 / 866-703-3287 Mesa Law Office
  • Glendale Office  Wright Law Offices  20325 N. 51st Ave., Suite 134 Glendale, AZ 85308 Telephone: 623-258-4480 / 866-703-3287 Glendale Law Office

What our clients are saying…

TOP Rated PHOENIX BANKRUPTCY ATTORNEY
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.
Tara
TOP Rated PHOENIX BANKRUPTCY ATTORNEY
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!!!
Steffanie
TOP Rated PHOENIX BANKRUPTCY ATTORNEY
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.
Damian
TOP Rated PHOENIX BANKRUPTCY ATTORNEY
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.
Shannon
TOP Rated PHOENIX BANKRUPTCY ATTORNEY
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.
Jenna