Manchel
New Jersey
Bankruptcy Law

Toll Free: (866) 503-5655

Email:manchellaw@yahoo.com

New Jersey Bankruptcy Header Logo Image
New Jersey Bankruptcy Super Lawyers Image
New Jersey Bankruptcy Zero Logo
  • Home
  • Chapter 7 & Chapter 13 Info
    • Chapter 7
      • How Does a Chapter 7 Bankruptcy Work
      • NJ Chapter 7 Bankruptcy Process
      • Chapter 7 and Chapter 13 Required Documents and Information
    • Chapter 13
      • How Does a Chapter 13 Bankruptcy Work
      • NJ Chapter 13 Bankruptcy Process
      • Chapter 7 and Chapter 13 Required Documents and Information
    • Chapter 7 and 13 Differences
    • NJ Bankruptcy Info
    • How Bankruptcy Affects You
    • How Bankruptcy Helps
  • Avoid Foreclosure
    • Loan Modification
    • Mortgage Foreclosure Mediation
    • New Jersey State Courts and Procedure
  • About
    • NJ Bankruptcy Attorney Robert Manchel
  • Why Hire Us?
  • Q&A
    • FAQ’s
    • Articles
    • Resource Links
  • Contact Us
    • Office Locations

Difference Of Paying Auto Financing And Auto Lease In A New Jersey Chapter 13

February 28, 2016 by Robert Manchel

Attorney explains the difference between auto finance and auto lease payments in a New Jersey chapter 13 case.

There are three different approaches to paying auto financing in a New Jersey chapter 13 case. The fist approach is to continue to make the regular finance payments directly to the auto finance company during the plan. One may pay the arrears at the time of the filing through the bankruptcy plan, while making the regular payments directly to the company.
The second option is to pay the entire balance due on the financing through the chapter 13. The balance would include any amount that a person is behind with their payments at the time of the filing. The interest rate that must be paid, on the balance depends on various factors, such as when the auto was financed and whether all auto financing debtors are filing for bankruptcy. This option requires the payment of adequate protection, which is explained below.
The other option is to pay to the finance company, the retail value of the auto, plus a fair rate of interest, through the bankruptcy plan. The total amount that must be paid is not the balance that is due, but the amount of the auto’s sale’s value, if the dealer sold the car. The amount of the arrears is not relevant. This option is only permitted if the auto was purchased 910 days prior to the bankruptcy filing. The total amount must be paid through the bankruptcy plan and not directly. This option also requires adequate protection payments.
A trustee may not commence distributing payments to the finance company, through the plan for many months or years. During the period prior to receiving disbursements, the finance company is vulnerable to a loss if the debtor stops making payments, while the debtor is using the auto. In order to prevent such a loss, the finance company is entitled to a monthly distribution, from the trustee, that will at least cover the monthly depreciation of the auto’s value. The monthly payment is called adequate protection payments.
Typically, a New Jersey debtor continues to make regular monthly lease payments, directly to the auto lease company after the bankruptcy filing. If there are lease payment arrears, at the time of the filing, the arrears amount must be paid and cured, through the chapter 13 plan “promptly”. This means that in addition to making monthly lease payments, the trustee payments must be sufficient to cure the arrears within a certain time period that is deemed promptly, by the judge. Each judge may have a different understanding of the number of months or years that is deemed a “prompt cure” under the bankruptcy code. Therefore, the monthly trustee payments must be sufficient to pay the total amount of the pre-filing arrears within the time period that is required by that particular judge.
Contact the NJ.bankruptcy lawyer, Robert Manchel at 866 503 5644 to discuss your questions.

Filed Under: Auto In Bankruptcy

Primary Sidebar

Recent Posts

  • Robert Manchel Video
  • How to Avoid Bankruptcy During COVID-19
  • What You Need to Know about Filing for Chapter 13 Bankruptcy
  • Bankruptcy Advantage Even Though Paying All Debt
  • How To File For Chapter 7 Bankruptcy In NJ?

Categories

Contact Us


    captcha

    search

    Contact Us

    Contact Manchel New Jersey Bankruptcy Law

    Serving ALL 21 counties in New Jersey

    We are available to answer all your questions.
    Get an immediate consultation today.


      captcha

      Manchel
      New Jersey
      Bankruptcy Law

      This web site is designed to provide general information regarding the bankruptcy laws. The bankruptcy laws are complex and may be applied differently, in each case, depending on the particular facts. There may be numerous exceptions and variations for each law and rule. Do not rely on the information provided in this web site. If you are considering filing for bankruptcy protection, you should consult with an experienced NJ bankruptcy lawyer. We are a debt relief agency. We Help people file for bankruptcy relief under the bankruptcy code.

      Main Office
      1 Eves Dr., Suite 111
      Marlton, NJ. 08053
      (856) 797-1500
      Toll-Free: 866.503.5655

      Freehold Office:
      4400 Route 9 South, first fl.,
      Freehold, NJ. 07728
      (732) 462-1099

      Princeton Office:
      707 Alexander Rd., Suite 208,
      Princeton, NJ. 08540
      (609) 919-0068

      East Brunswick Office:
      197 Route 18 South,
      South Tower, Suite 3000
      East Brunswick, NJ. 08816
      (732) 628-0300

      Toms River Office:
      1 Hadley Ave
      Toms River, NJ 08753
      (732) 240-2300

      © Copyright 2021 by Manchel New Jersey Bankruptcy Law, Bankruptcy Lawyer. All Rights Reserved.
      Privacy Policy
      Website & Marketing by: The Attorneys ATM

      • Home
      • Chapter 7 & Chapter 13 Info
        • Chapter 7
          • How Does a Chapter 7 Bankruptcy Work
          • NJ Chapter 7 Bankruptcy Process
          • Chapter 7 and Chapter 13 Required Documents and Information
        • Chapter 13
          • How Does a Chapter 13 Bankruptcy Work
          • NJ Chapter 13 Bankruptcy Process
          • Chapter 7 and Chapter 13 Required Documents and Information
        • Chapter 7 and 13 Differences
        • NJ Bankruptcy Info
        • How Bankruptcy Affects You
        • How Bankruptcy Helps
      • Avoid Foreclosure
        • Loan Modification
        • Mortgage Foreclosure Mediation
        • New Jersey State Courts and Procedure
      • About
        • NJ Bankruptcy Attorney Robert Manchel
      • Why Hire Us?
      • Q&A
        • FAQ’s
        • Articles
        • Resource Links
      • Contact Us
        • Office Locations