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which is the lesser of 2 evils, a car repossession or filing for bankruptcy?
which is more forgiving on your credit report and easier to overcome? please be specific and if you have experience to relate please share it.
my brother has a car he can no longer make payments on. the bank said if he sells it they won't give the title over until the entire balance is paid off (which is ALOT), so how is he supposed to sell it? they also said that he must be paying on the car for at least 1 year before they will even consider granting him an extension to sell it. he's been paying on it for 6 months now......i am trying to help my younger brother figure out what to do........we have thought of everything and it seems he has one of 2 choices......which is the lesser of 2 evils?
10 Answers
- 1 decade agoFavorite Answer
It really depends. I do know that he can do a voluntary reposession. The bank will take it back, it will go to auction, then he will have to pay the remaining balance. I knew a couple people who did this. It did not go on their credit b/c it was voluntarily repo'd then the debt against them was paid based on an agreed upon schedule, so they both never got into bad standing with the bank.
Personally, I would list the vehicle for sale. Lets say he owes $20g on the car. Then lets say he sells it for $15g. That is a $5g loss. So if he had a credit card or could take out an unsecured private loan then his problems would be solved.
Another possibilty is trading down. If he has an expensive vehicle, he can take it to the car dealership, get an old cheap car, the dealership will take the new car, he'll still be stuck with some debt from the expensive car, but at least the payment would go down some. And, it would probably be better than repo-ing or bankruptcy.
- DLv 41 decade ago
Neither one is good to have on your credit; however, if this is a no win situation, put ALL debts into bankruptcy. The laws changed and he will have to go to credit counseling to see if there is any way he can pay - the laws are much more strict.
A bankruptcy, if it is allowed, will be on his credit report for 7 years. A reposession - I see ads, (I'm not an expert), but you do see the ads, that repo's aren't a problem. I think those suck you down further.
He should really do whatever he has to do to make the payments until he can get someone to take over the payments or he can refinance to something he can really afford.
This happens because the "car salesman", stretches someone beyond their limit, and then it is a problem. Happens way too often, and I think something should be done about it.
- Anonymous1 decade ago
If he can increase his income to make his car payments on-time, that is the best solution.
If he is sure that he will not be able to keep it current, then he may wish to find other alternatives.
Bankruptcy is normally recommended for someonw in a similar situation who has substantially more debt in addition to the car. If the car is the only real debt problem, then he should focus on other options.
Repossession is something that should be avoided at all costs. If he can work a second job, work overtime or get a higher paying primary job, that would be preferred. Even an extra $60 a week can give him close to $250 a month to put toward the car payment. If you want to know about the pitfalls of repossession before going down that path, I recommend the following article.
Source(s): http://www.stopccdebt.com/Repossession.htm - Anonymous1 decade ago
summer's answer is on track. You don't want to consider bankruptcy unless you have other debts. And that depends on if he even qualifies for Chapter 7. He will still lose the truck, plus his credit will be terrible.
Note that bankruptcy is much worse then repo, but not much.
Have you considered finding someone who is interested in the car, and have them take over payments? They could be added as a 3rd party to the title until it's been paid off. (not sure on this though....)
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- 1 decade ago
lesser of evils would be repossession of your car. Filing bankruptcy is something you do not want to do especially if you want to one day be a home owner. Bankruptcy is not something you can erase from your credit report easily, lenders grade you by your fico score and how well you manange your debts, when they see bankruptcy on your record it's telling them you are not capable of owning a home and repaying debts. they will give you very hard time to borrow large amount of money in the future, with repossessions, this can be easily remove after stablishing your credit by applying more credit cards and paying them off satisfactory. couple of months is all it take to remove repo from credit report, bankruptcy takes up to 10 years. don;t do it! I'm a license mortgage Broker in hawaii. trust me.
- 1 decade ago
well if the only debt is the car than, repo is best...if there is the car and other debt over 8k, than chapter 7 bankrupcy is the way to go.they are equally damaging except bankrupcy stays on credit now for 10 yrs. if you go repo, it will be hard to finance another car.
- 1 decade ago
filing bankruptcy looks much better than a reposession. a lot of people don't know but if you can't pay for your car, you can take it back to the dealer or creditor and tell them before they reposess it, then you don't have to do either!
- Anonymous1 decade ago
PEACE__________NEVER FINANCE WITH MONEY ON WHICH INTEREST IS REQUIRED. THIS BELOW IS PASTED TEXT:
#######################################################
in the name of allah
TEXTBOOK MODE
hypothetically,
>>>>>>>borrower borrows money with no interest condition, this amount
withdrawn from buying commodities and turned into produced goods which
can be disposed by means of the lenders spending the money returned.
if the lenders have lended on condition that interest be paid, then to
pay this the concern decreases employee pay, or extract more labour
from them to produce more, or decrease equipment maintainanance or
extract more labour from them. if the lenders spend all of the
interest amount on the concern's commodities(after spending their
returned money on the concern's commodities excluding interest) then
all commodities would be sold, the lenders getting more commodities,
while employees getting lesser commodities(after spending all their
wages and salaries) or having exerted more labour, or equipment
maintainance decreased or having exerted more. if any of the employees
hold from spending money except interest money that they may have,
this will result in so much of goods being unsold, which will either
perish or be sold at a decreased price(if it dosent decrease then
there will be no money except the withheld amount to purchase them),
thereby in the next work session: resulting in the decrease of their
pay, or extraction of greater labour, or decrease in equipment
maintainance, or extraction of more labour from equipment. if the
lenders withhold interest money from spending(after spending their
returned principal on commodities) then goods worth that money will
remain unsold resulting in perish and price decrease(if it dosent
decrease then there will be no money except interest to purchase
them). after this if they spend it(after the spending of amount gotten
after the withholding, even by those who have not withheld), then all
goods would be sold and so much it being unspent in the hands of
employees, not perishable and used by rise in prices(if used).
after introduction of interest based funds in a country, jobs may be
created(after buisness proliferation) and the lender takes interest
from the other factors of production, with them toiling so much extra
or gaining so much less. meanwhile perished unsold goods head the firm
toward bankruptcy(as for unspent money, them being entirely being
spent by increase in prices). as perished goods leave, remuneration
and work and consumption and production fall. it can also be discerned
that this depression caused here does not turn into boom on its own
(though the 'boom' does.)
NOTE: higher extraction of labour and higher qualification demands for
employees and employee dumping or switching : they may be taken
together.
lower equipment expenditure and higher advertising cost and
bankruptcy : they may be taken to gether.
money being unspent and formation of luxury industries : they
may be taken together <<<<<<<
&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&
&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&
&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&
STORY MODE
there is a worker who produces his goods with his own machine. buying
all his goods with all his money. he uses the purchase money to buy
raw material and repeats. a person comes and it is agreed that he
gives the first money, to return a greater amount after sale. the
labourer buys more of raw material, and works harder, produces more
goods and cannot buy all his goods because he has to give some of the
money to the lender. some of those goods perish and he manages to
consume the rest by decresing its price,stuffing himself. the interest
is given and the principal to be paid later. the worker is unable to
buy the same amount of raw material as after the loan, managing to
buying lesser than that. he then produces goods, working hard but less
harder than after the loan taking, and produces lesser goods than
after the loan taking, but cannot buy all his goods because he has to
give money to the lender which he does and he is left with a lesser
amount to purchase raw material with. the goods he cannot buy have the
same fate, and the labourer stuffs himself but eats lesser than the
previous stuffing. whenever the lender spent the interest of a
production session on the goods of the session, then all the session's
goods were sold and the worker had te same previous consumption amount
and was left with the amount of money he had in the beginning of the
session to purchase raw material with. whenever the lender bought more
than a session's interest, the worker couldnt spend all the money(on
his goods), so he spent it all by increasing the price.(and money
dosent perish). and his consumption was lesser than the previous
session and he was left with more amount than what he had at the
beginning of the session. time passed, the worker toiling to produce
more goods, the price falling and goods dying when the lender witheld
interest from spending, the price staying same and all session goods
sold and when the lender spent the session interest, surplus money and
price rising when the lender spent more than the session's interest(on
the session's goods). whenever goods died the worker could not recover
its price. in this way, over time the volume of goods fell until the
worker did not have any sale money left after paying interest so he
could not eat, did not have work(which like his eating, eventually
decreased to zero). he then couldnt give the lender his interest after
the next empty session who then asks for the principal which he fails
to give.
the lender confiscates him and his machine.