Instant Payday Loans A Quick Solution

Has it ever happened to you that you have found short of cash, for any purpose like for a medical bill or for car repairs, which were an emergency and could not have been overlooked?

From now onwards you can avoid that humiliation by taking the help of instant payday loans. Instant payday loans are basically loans, which are taken for a short term for a specific purpose. These loans generally fill the cash shortage, which can unexpectedly come up before the next cheque becomes due.

Instant payday loans are ideal for expenses such as:

· An unexpected medical bill

· An unexpected car bill

· Grocery bills

· Various utility bills, or

· Any other petty expenses which can suddenly come up

These small expenses can be quite frustrating and then these expenses accrue and can become bigger. So they should be paid off as early as possible before they become even more menacing.

Applying for instant payday loans is easy. Now days there are no of organizations, which are offering the instant payday loans to the people. All a borrower needs to do to apply for a payday loan is to know how much he needs as a loan amount. Then go online and fill your personal and loan application forms of the organizations that deal in providing the instant payday loans. If your conditions fulfill the criterion of the lenders the loans will be transferred in your checking account within one business day i.e. in 24 working hours.

As far as the repayment of the instant payday loans is concerned it is also easy. The repayment schedule is told to the borrowers before they have taken the loan amount. The repayment schedule usually ranges from a period of 7 to 14 days with an opportunity available to extend that up to a month as well. A higher rate of interest will be charged every time the loan period is extended. The amount of loans that you can borrow is from £200 to £1500 with the loan amount depending on your income. So more you earn more you can borrow for your instant payday loans.

Instant payday loans provide many advantages to the borrowers but one disadvantage that could be labeled at these loans is that they carry a high rate of interest. Since they are short-term loans the lenders tries to earn more by charging a higher rate of interest. However you can get comparatively low rates of interest if you can negotiate well with the lenders. Instant payday loans comparison is a good way to find comparatively lower interest rates online.

However there are a few criterions, which a borrower has to fulfill before they can apply for instant payday loans. They are

· The borrower should be currently employed with recurring or regular income

· The borrower should have a minimum income of £1000 per month

· The borrower should hold a current and active checking account, and

· The borrower should be a UK resident and should be at least 18 years old.

Instant payday loans are available to all kind of people even to people with bad credit. These loans are short-term loans and as long as the criterion is fulfilled the loans are made available to everyone who needs these loans. Since these loans are made available quickly there are no credit checks.

Benefits of instant payday loans are:

· They are affordable in any kind of emergency

· They are required in a quick time so no credit checks are required

· They are easy to apply and are approved quickly

· Financial information of the borrower is kept confidential

· Easy for everyone to apply

· Minimum or sometimes no paper work required

Anything can happen any time. Any unexpected bill can come up from anywhere it is not always that we can cover for that. With the help of instant payday loans you can feel secure that nothing will go wrong. As with these loans every possibility is covered.

Hidden Advantages of Outsourcing Services for the Car Loan Industry

Let us face the reality that today, we live in a ‘do-it-yourself’ way of life. As they should, people want to show off their auto repairs, home improvement projects, and many other tasks that majority of us would more often not seek professionals to perform the task, as they just prefer to do it by themselves.

It is absolutely a great value in a number of ways. You can gain expertise from your experience. Sometimes, it does not necessarily mean that it is a better way to go from doing something by yourself because oftentimes, it pays more to hand over and look someone for help.

Many of the car loan businesses are beginning to worry about not only getting in the game but also in maximizing their returns with all sizes racing to compete in the lending market. To outsource car loan business services, many industry experts understand that it is often considered more cost-effective.The most obvious reason for doing this is because industries don’t have to hire new staffs or underwriters solely for car loan operations and services. You have to keep in mind that those industries are also avoiding the other expenses related to assisting the infrastructure associated with an internal underwriting team.

But the advantages don’t stop there because there are a number of hidden advantages that many businesses fail to consider when entertaining ideas of outsourcing their car loan business processing that includes staffing and funding. Here are some of the hidden advantages of outsourcing for car loan business:

Increase the Number of Loans that Leads to More Net Profit

Just consider it as any consumer business committing to sales. As this dealer management is all about being able to see, looking for your niche and catering your offers to the biggest needs of your dealers. Better and stronger relationship with dealers and having more dealerships in the network in order to drive portfolio growth is one of the end goals of outsourcing some services when you are in the car loan business.

Improved Relationships with Customers

Your staff will be able to intensify its focus on strengthening relationships with your customers- making visits, gathering feedback and better addressing their needs that will drive growth for your car loan business portfolio.

A Guideline that Allows the Outsourcing Provider to Serve as an Extension of Your Car Finance Team

Your outsourced car loan provider should be able to efficiently, quickly, and easily customize its financing scorecard to fit your representation. By doing this, it guarantees that making a decision for car loan financing is consistent and fits your appetite and business plan.

Access to Consultation and Expertise

It allows your business to avoid common pitfalls that businesses fall victim to when trying to get in-house functions off the ground when outsourcing your car loan business processing. Through outsourcing, those businesses must hire the expertise that is readily available.

After-Hours Process

By waiting until the next business day to respond to proposals, don’t miss out on those deals especially over the weekend when many consumers have time to hunt for motorcycles, cars, and trucks.

It will absolutely offer a significant benefit over businesses with in-house operations that are confined to traditional business hours when you have an access to after-hours processing service.

Are you ready to revolutionize the way you do business? Grow your business by outsourcing.

Get Relief of Debts Through Debt Relief Consolidation

When you think of debts, the first feeling you get is that of a confused person looking for help desperately. Having a debt not only messes up your financial life but also your mental health. When you feel your savings is in the negative for many months and you are only paying the minimum amount due every month, then its time to seek debt relief help. There is debt relief help available to you rather easily.

Debt consolidation of different types can help you get relief of the extra interest that you pay. The debt relief consolidation is all about consolidating your debts in one account that will make you pay less every month so that you can pay more than the minimum amount due and pay off your debt eventually. debt relief consolidation can change your life totally and make it debt free. It can help you consolidate any kind of debt. The debt may be a loan or credit card dues from different credit cards. No matter what they are, consolidation will not only make you remember them but you will also pay lesser interest.

Debt consolidation is one thing that can be done by you too. But it is possible that you do not have contact with the loan providers with less interest rate or they may not offer you the same rate as they would offer to the debt negotiating companies. Debt negotiating companies can not only help you consolidate the debt but can also help you to get relief of unsecured credit card debt through the service. It is possible to get a huge discount in the amount you need to pay and you may need to pay this in easy installments too.

Getting Help with Payday Loan Debt Settlement

A family vacation, an unexpected car repair, or a long pending renovation at home, when in need for money on such occasions, you are more likely to depend on the payday loans to bail you out. Being easily available and when in need, you do not bother to worry about the high interest rates that it entails. The notion then is that you did be closing it down soon or by the next payday. But by the next big day, you realize that you are just good enough to repay the interest and not kill the debt and need help with payday loan debt. You had got one of the draconian loans to tide through a temporarily difficult period but now you are in a tough spot.

When looking for help with payday loan debt, there are options galore, but no magic potions. Firstly, it would serve your purpose if you try getting helping hands of friends, such lending service with negligible interest would provide great help with payday loan debt repayment. If you do not find any good Samaritans then taking up a part-time job would help in such trying times.

For planners, it would have served your purpose if you had built an emergency cash fund in the savings accounts. But then you can always do that now, so that you can avoid such a misery later. You can even try to negotiate a payment plan with your lenders and try for debt settlement. One more effective help with payday loan debt but risky one for sure would be bankruptcy, if the situation demands such a step then there is no harm taking this route, especially if you cannot even pay your interest and your debts are more than assets. For such a step, you did have to take to legal eyes help. So, with couple of debt settlement strategy, you can tide out of the payday loan, but best thing would be to never find yourselves in such a situation again.

Online Private Loans: A Discreet Alternative

People with bad credit do not always have a lot of options when they are in need of money for an unforeseen expense. Generally, those with good credit ratings will simply ask their home bank for an unsecured personal loan and they will generally end up with favorable terms and reasonable monthly payments. This is not the case for borrowers with bad credit, however. These people often need to avail the use of private loan options. Therefore, there is a need for additional services specifically designed for time when, despite bad credit, a quick personal loan is needed.

Private Loans

Strictly speaking, a private loan is any loan offered by an individual to another individual (also called peer-to-peer lending). Basically, rather than use a traditional financial institution to finance your personal loan, you can go to a friend, family member or co-worker for the money. If you have a good relationship with these people and know that they have the money you need, this is a really great option.

However, many people with bad credit do not know others with this flexibility or they are too embarrassed to ask for help in the first place. These people still have options, however, when it comes to private loans.

Discretion Is Key

If you need money for an unexpected expense, maybe car repair or a traffic ticket, finding the cash right away can be difficult. If you have bad credit, you also need to worry about your ability to acquire the cash in the first place. Maybe you do not have credit cards, or the ones that you do have already have high balances on them. This is when you need to find someone who will offer you the money without much hassle. Private loans represent such a case.

People who find themselves with extra cash and who are looking for a non-traditional investment opportunity often congregate online through lending agencies. These agencies take the investor’s money and offer it as a private personal loan to those in need of fast cash without the aggravation of strict credit standards and bank denials. The interest or fee that you pay on these loans then gets divided among the initial investor and the lending agency. You are able to get money without trouble and these investors are able to make some extra cash.

Online Private Loan Statistics

Since the degree of risk will vary from borrower to borrower, the terms of these private loans will vary as well. Generally, you can borrow as little as $100 and up to $5,000 at different interest rates and fees. Depending on the information you provide, which will include proof of identity as well as income, your interest rates on these loans can be as low as 6% or as high as 35%. Therefore, it is of the utmost importance that you get quotes and shop around before taking any money in a private loan. Be absolutely certain that you have the means to repay the lender and investor that you borrowed from.

A Good Solution

In the case when you need money and have no other means to get it, use of online private loans give bad credit borrowers a good solution to their problems. Though the terms of these loans can be rather strict and the interest rates high due to your bad credit and risk, if you have no other choice, they are a viable tool to help you in times of need.

The Ins and Outs of the Car Repossession Process

When a lender finances a car, they retain the right to repossess it if the repayment terms are not paid as agreed. Each state’s laws set limitations on lenders repossessing automobiles. Most states repossession laws are modeled after article 9 of the Uniform Commercial Code (UCC). Article 9 states that you must be in default on a loan before the repossession process can begin. The definition of default will be disclosed in the financial loan repayment agreement. Most loans have language stating a default starts after one, two, or three missed payments. Once the loan is in default according to the financial agreement documents, the lender has the right to take possession of the car. In most states, once the auto loan falls 90 days behind, the lender may reclaim the car. For specific terms of the loan and any repossession actions, please refer to the financial loan repayment agreement; which is signed by the purchaser of the car.

The lender can pick up the car from any location including: (1) your home, (2) work, or (3) other place where it is being stored. In most states, the lender can take the car without a court order. Although, many state laws specify a car can only be repossessed if the lender can do so without “breaching the peace”. The term “breach of peace” means that the lender is able to obtain possession of the car without any threat to the borrower or use of force. A breach of peace could be as simple as the borrower telling the creditor they will not cooperate. If force or threats are used to gain possession of the car the lender may be liable for any damages caused from the repossession. The lender, at this point, must seek judicial permission. They must document the default and wait for the court to issue permission to repossess the car. Once the court gives permission to repossess the car, the lender will likely request that the local police assist in the repossession. Once the creditor has control of the car they can repair it if they choose before selling the car..

When the lender takes possession, they must give notice to the borrower of their intent to sell the car. At this point the borrower’s only option would be to pay the loan and additional costs associated with repossessing the car in full. If the borrower chooses not to pay the loan and costs prior to the notified date of sale, the car can be sold at auction. If the creditor sells the car for less than the balance of the original loan then they can file a deficiency judgment against the borrower for the difference. In order for the creditor to put a deficiency judgment against the borrower the car must be sold commercially (no private sales).

For a car repossession, or in any legal matter, it is in the best interest of the borrower (defendant) to seek legal counsel.

Are Online Payday Loans Safe?

Payday loans go by many names, including cash advances, bad credit cash advance loans, payday advances, payroll advances, paycheck advances and deferred deposit loans. Whatever you call them, it can’t be argued that they’re helpful as a short term loan until the next time you get paid. When unexpected expenses pop up, like car repair costs, doctor’s bills or other fees, a cash advance can help bridge the gap between paychecks.

Many people are aware of the benefits of payday loans: they’re a fast and easy way to get the cash you need to cover life’s unexpected expenses. But does the same go for online payday loans? Is it safe to apply for an instant cash advance or loan online? Read on to learn how you can safely and securely apply for a fast payday loan online.

So is it safe to apply for online payday loans? Short answer: yes. Long answer: it depends on which company you use. Most online payday loan companies take their data security very seriously because they are invested in their company and if they become known as unreliable or unsafe they will quickly lose all of their business. There is the occasional online loan company that doesn’t take their data security seriously, however.

Here are some tips on how you can ensure your information is safe when applying for an online payday loan:

1. First check the Privacy Policy of any payday lender or broker’s website. (A payday loan broker does not make online cash advance decisions, but instead matches you with a payday advance lender based on your application.) The Privacy Policy should be written clearly and should detail the kind of information they collect and disclose whether they sell or share any personal information about you with third parties.

2. If you have any concerns about site security or the security of your personal information, talk to a customer service representative from the company. Are information databases accessible by all employees or just those with security clearances? What happens to your information after you close your account? Ask any questions you may have and based on their answers you can make your decision. Most websites also have a FAQ (Frequently Asked Questions) section that can answer many of your questions.

3. Once you are happy that the site will not sell your personal information, it’s important to check that the application page is secure as well. Whenever you’re about to transmit sensitive data online, not just for an instant payday loan but for any transaction, there are two things to look for to make sure your transmission will be secure. The first is an added letter “s” after the “http” portion of the internet address line in your browser. The second thing to look for is a yellow padlock symbol at the bottom right side of the screen. Both of these things indicate that your data will be encrypted before it is transmitted to the website, and that it is safe to send your information.

4. Last but not least, a great way to check that your data will be safe is to investigate the online payday loan lender or broker itself. Google their name online or check with the Better Business Bureau to see if they have any customer complaints against them. It’s always a good idea to see what other people like you are saying about the company you’re about to do business with.

Whether you’re ordering a pizza, buying new clothes, or applying for a cash advance online, no matter what kind of business you’re doing online, it’s important to make sure your information is secure. By using the above tips, you can ensure that your online cash advance transaction is safe.

Three Proven Techniques For Car Loan Approval After Bankruptcy

Most consumers associate bankruptcy with reduced credit options. The reason for this is that many people know for a fact that it will be very difficult for them to get good financing deals once they have filed for bankruptcy. How come?

Well, most lenders today tend to shy away from extending credit accounts to consumers who possess bad credit reports, especially those with bankruptcy records. After all, they do not want to take on the huge risk involved in allowing these consumers to assume credit lines.

Still, you have to remember that bankruptcy should not be the end of your credit history. This is because there are a lot of great financing deals that you can take advantage of once you have successfully fixed your bad credit report. But how can you do this?

One way to regain your financial health is to apply for an auto loan. Below we have tackled three proven techniques that you can employ for you to instantly get approved for a car loan. This way, you can have a credit account that you can use to gradually repair your bad credit history.

Three Techniques for Car Loan Approval

1. Know the requirements and guidelines of lenders. Even with a bankruptcy record on your credit file, you can still inquire about the common requisites for different car loan programs. You just need to approach a prospective lender and ask about the guidelines of the auto loans they offer. Then tell him upfront that you have had discharged your debts through bankruptcy and you wish to use a car loan to repair your credit history. Your honesty will surely encourage the prospective lender to come up with a program that will suit your personal and financial situation. And he will surely be glad to assist you regain your credit reputation by approving your application for a car loan.

2. Know your credit standing. Once you have determined the requirements for a car loan, your next step will be to prepare all the necessary documents that you have to submit to your chosen car loan provider. For sure you will be asked to provide the most recent copy of your credit report to your lender. This is why you have to obtain a copy of your credit file from any of the three credit reporting agencies.

After receiving your credit file, scrutinize the entries on your report carefully. See to it that your credit report is free from any errors and inaccuracies that can inflict further damage to your credit standing. If you see one, then file a letter of dispute to the three credit reporting agencies right away. This way, they can immediately investigate your records and eliminate the mistake or incorrect entry that you have observed on your credit file. This will in turn ensure that you will eventually receive a more accurate credit report that you can present to your lender once you have filed your application for a car loan.

3. Consider refinancing. After your application for a car loan has been approved, always look for opportunities to refinance your credit account. In line with this, you have to make sure that you pay all your credit charges on time and in full each month. Eventually you may qualify for lower interest rates and fees which will allow you to repay your car loan in the soonest time possible. And for sure this will help you finally recover your financial health.

Follow these techniques and for sure you can get approved for a car loan that you can use to rebuild your credit history, even after you have filed for bankruptcy

Realize Your Dreams With Fast Cash Loans

Emergencies can completely wreck your financial life especially if you have just lost a job or if you are the sole earning member. If such situations occur, don’t give up. You can certainly overcome the situation with careful planning. If nothing seems to work, you can always go for a quick cash loan. In fact, financial companies came up with the concept of quick cash loans only to provide you instant money to alleviate your financial problems. From health emergencies and prescription costs to car repair and home renovation, quick cash loans can be used for all kinds of financial needs. You can avail of this loan even if you want to go on a shopping spree and can’t wait for your payday. Fast cash loans are known by various names such as instant cash loans, cash advances, or pay day loans. These type of loans are easy to get and do not take much time due to lack of tedious paperwork.

Fast cash loans should be repaid by your next payday or else you are likely to incur heavy late fees. Fast cash loans provide you the much needed money to deal with expenses that cannot wait until the next payday. It therefore makes sense in repaying the loan as soon as you get funds. Extending this loan is possible sometimes though not advisable, as you will end up paying much more unnecessarily to the lender. It is certainly not worth paying this additional amount to the lender, as the loan term would be only marginally extended. So the sooner you pay to your lender, the lesser your outstanding amount will be.

Although quick cash loans are given out without much ado, they can serve only as a stop gap arrangement. This is because the amount you are eligible for is usually not more than $500. This amount is justifiable because the lenders do not bother you with harrowing questions as to why you want this loan. All they do is ask for your personal details, look at your employment status, and provide you the necessary funds in less than twenty four hours. You must not forget that do not ask for any kind of security while giving away a fast cash loan. Naturally, they need to find ways to ensure that they do not run into a loss. They thus place limits on the amount they provide through fast cash loans.

Fast cash loans are also given out to unemployed people and those with bad credit. The risk thus is even greater in case of such people and calls for higher interest rates in their case. To speed up the loan application process, see to it that you apply online. Banks and financial institutions usually respond to your loan application in less than an hour and if your application is approved you can expect money in your account within one business day. Fast cash loans can be an answer to your immediate financial needs. Make sure that you borrow only as much as required and repay it at the earliest so that you do not don’t get into further debt.

Cash In A Snap: Your Emergency Savior

Money is difficult to procure, and bills are everlasting, with numerous monthly expenses to manage. It is no mystery that emergency costs can easily cause upheaval in your finances. Fast Cash loans such as payday loans or cash advance online are a great way to deal with those unexpected bills that would otherwise lead to a problem. These loans are popularly used as short-term loan alternatives to settle unforeseen bills.

Cash In A Snap is a reliable financial services company that can help you obtain the loan you need. Our large network of lenders aim to fund the loans that support you in reaching your short-term financial goals.

Cash In A Snap – Emergency Savior

You may require emergency funding for a car repair, an unexpected medical bill or to close the gap in revenue due to income issues. Whether you need a personal loan, payday loan or installment loan, at Cash In A Snap we can help you connect with our authorized lender network to fund your emergency expenses.

We try to provide you a positive loan experience through:

  • Quick and Convenient Application Process
  • Fast Online Loan Transactions
  • Vast Network of Lenders
  • Secure Online Dealings
  • Bad Credit is No Problem
  • Learning Resources at Your Disposal

Our Range of Financial Services

Cash In A Snap offers fast service for:

  • Next day cash advance
  • Fast cash loans
  • Cash advance online
  • Installment loans

Read more about the types of loan services offered by Cash In A Snap.

Cash Advance Payday Loans

You can choose to apply and get approval for these loans over the internet to conveniently tide over a financial crisis. The quantity of your cash advance is decided on the basis of several factors and differs from state to state.

Emergency Cash Loans

Emergency cash loans can be helpful to survive through the toughest of times, and you are not required to have perfect credit to qualify. You should also be aware of the different kinds of emergency cash loans accessible at Cash In a Snap, including Online Payday Loans, Car Title Loan, and Loan on Tax Refund.

Online Payday Loans

Online payday loans are a category of emergency cash loans that surely help to save you during tough financial situations. If you opt to apply for an online payday loan, you will typically need to provide certain personal details as well as some other information required for your loan processing.

Personal Payday loans

Personal loans are fast, easy means to obtain the funds you want without having to wait weeks for approval. Since personal loans are regarded as unsecured loans, there’s no requirement for any collateral submission and you wouldn’t need to undergo a conventional credit check either!

Payday Loans no Credit-Check

Taking out no credit check payday loans is an easy way to acquire quick cash when you are concerned about having a bad credit score and inadequate fund to get through a predictably short duration. You can qualify for such loans if you have a regular income and are capable of repayment in a matter of a few weeks.

Fax-less Payday loans

Our quick, hassle-free loans save your precious time. You do not need to fax any information as all things are done online. Before you apply, make sure you meet our required criteria for getting financing.

Bad Credit Payday Loans

Bad or no credit check payday loans are short-period loans of smaller denominations to help you in case you suffer a bad credit history in order to get over your unexpected financial crisis. Normally, you can borrow a sum of money based on what you generate through every paycheck.

Achieve goals quicker with smarter loan options from Cash In A Snap. We empower you with benefits that will turn your financial dreams into reality. Apply now through our website to receive the cash you need and we will put our best efforts to quickly match a lender, based on your loan requirements.

Upside Down on Car Loan – Chapter 13 Cram Down Provisions and Chapter 7 Redemption

Clients often find themselves in need of debt relief because of a car loan gone badly.

Modern day society necessitates owning and maintaining an automobile which sometimes evolves into a devastating financial burden. Lenders are quick in financing vehicles knowing borrowers highly prioritize automobile transportation over most other financial obligations. Even borrowers with bad credit are fitted into an automobile financing packages priced at high interest rates to compensate aggressive lenders for the added risk.

Financial difficulty often arises from auto financing. The happy car buyer drives their new vehicle off the lot financed nearly 100%. As the saying goes, almost immediately thereafter, the new vehicle depreciates in value several thousand dollars before it is even hits the highway.

Automobile transportation costs $ 4,000.00 to $ 6,000.00 annually including auto loan payments, liability and collision insurance, repairs and maintenance and gasoline.

Havoc begins when an unexpected car repair not covered by warranty, or a motor vehicle accident, unexpectedly and substantially decreases the value of the vehicle far below the outstanding loan balance owed to the bank. Or, perhaps more harmlessly, on a trade-in for a new vehicle where eager car salespersons and lenders agree to take in your old vehicle on trade, and throw the remaining outstanding balance from your old car loan (for a little higher payment) on the back-end of your new auto loan leaving the new car buyer considerably 'upside-down' on the new vehicle purchase.

These situations leave the borrower in a predicament where sizable portions of income are devoted towards covering an unsecured auto debt obligation that is of no use towards sustaining modest costs of necessities for family living.

Under certain circumstances relief from these devastating financial predicaments can be obtained through a bankruptcy filing.

CHAPTER 13 CRAM DOWN PROVISIONS

Under Chapter 13 of the United States Bankruptcy Code, Debtors are permitted to 'Cram Down' the unsecured portion of their auto loans to the fair market value of the vehicle securing the loan. This requires debtors to pay back only the secured portion of the auto loan, but the unsecured balance is treated as a general unsecured creditors providing substantial benefit for the Debtor, permitting Debtor to only pay a small fraction of the unsecured portion of the auto loan debt that is owed.

As an example, let's suppose our debtor owns a car worth $ 10,000.00 and there is an auto loan with a payoff balance of $ 20,000.00. In this scenario, the loan is only partially secured. The auto lender is secured only to the extent of the value of the vehicle or $ 10,000.00. The remaining $ 10,000.00 balance on the loan is unsecured. In this situation the Bankruptcy Code affords the Debtor the right to cut off the unsecured portion of the auto loan and treat that portion of the loan as unsecured. So, if General Unsecured Creditors were only receiving a dividend of 20%, the auto lender would receive only $ 2,000.00 on its unsecured portion of the auto loan.

These situations become sticky between Debtor and Lender because often disagreements arise as to the correct value of the vehicle. Your bankruptcy attorney will need to negotiate a settlement over the valuation before confirmation of the Debtor's Chapter 13 plan.

Valuation is guided under provisions of the United States Bankruptcy code, specifically 11 US Code § 506 – Determination of Secured Status.

11 USC §506 (a) (2) specifically states:

"If the debtor is an individual in a case under chapter 7 or 13, such value with respect to personal property securing an allowed claim shall be determined based on the replacement value of such property as of the date of the filing of the petition without deduction for costs of sale or marketing. With respect to property acquired for personal, family, or household purposes, replacement value shall mean the price a retail merchant would charge for property of that kind considering the age and condition of the property at the time value is determined "emphasis added

The Cram Down provision under the bankruptcy code also provides for a reduction of the interest rate on the auto loan. Often Debtors find themselves shelling out enormous auto payments used to cover exorbitant interest rates auto lenders often charge to risky borrowers.

An interesting exception was enacted under the 2005 Amendments to the United States Bankruptcy Code prohibiting cram downs where the purchase money auto loan was originated within 910 days (2 ½ years) of the filing date of the Chapter 13 bankruptcy [see 11 USC §1325 ( a) (9)]. Debtors must consider timing of a Chapter 13 filing if they desire to escape the burden of a burdensome auto loan debt. Bankruptcy rules require car loans taken out within 2 ½ years of the bankruptcy filing must be paid as agreed.

CHAPTER 7 REDEMPTION

Cram downs are not permitted under Chapter 7 bankruptcy (or 'straight bankruptcy'). But, Chapter 7 debtors are permitted to 'redeem' personal property under 11 USC §722.

11 USC §722 provides as follows:

"An individual debtor may … redeem tangible personal property intended primarily for personal, family, or household use, from a lien securing a dischargeable consumer debt, if such property is exempted under section 522 of this title or has been abandoned under section 554 of this title, by paying the holder of such lien the amount of the allowed secured claim of such holder that is secured by such lien in full at the time of redemption. " emphasis added

Redemption, however, can be difficult under Chapter 7 because debtors must pay upfront in full a lump sum of cash an amount sufficient to pay the secured portion of the auto loan measured by the fair market value of the vehicle at the time Debtor seeks to redeem the vehicle. Chapter 7 does not permit a restructuring of the loan, but sometimes the auto lender will accept payments over time, but usually within a short term.

CONCLUSION

If your vehicle is worth less than you owe on it, bankruptcy options can be advantageous towards affording you to retain your vehicle and move towards better financial health.

Chapter 13 can reduce or 'cram down' your loan balance and interest rates thus lowering your auto payment making it affordable. Chapter 13 also enables you to restructure past due auto payments and spread them over the term of the Chapter 13 plan so you can afford to catch up the past due payments within your personal financial means.

Chapter 7 bankruptcy does not accommodate restructuring of loan repayments but the §722 redemption provisions allow debtors to purchase their vehicles out of bankruptcy for the fair market value of the vehicle, leaving the unsecured portion of the debt discharged under the Chapter 7 bankruptcy.