Question: Hello, I consolidated my credit cards and vehicle loan into a single loan with approximately $30,000 owing, transferring the vehicle lien to this new loan. My car’s current market value is about $8000. I have never missed a payment but living cheque to cheque because of the payments and stressing over whether to buy “that next jug of milk” has me exploring options. Is it possible to surrender my vehicle and declare bankruptcy with a solid credit history? Or perhaps pay the value of the vehicle to retain it and be discharged from the remaining debt, although the car value exceeds the exempt amount? Thank you.
Answer: You could file a consumer proposal or declare bankruptcy. If you go bankrupt you can continue making the loan payments and keep the vehicle, but in your case that means you will pay $30,000 to keep a vehicle worth $8,000.
Alternatively, if you go bankrupt or file a proposal you could surrender the vehicle to the lender. They would sell it, and then file a claim in your bankruptcy for the shortfall. You would not need to make any further payments to them, but obviously you also would not have your vehicle.
Third, you could file bankruptcy and then negotiate with the lender, and ask them to reduce your loan to $8,000, which is the value of the car, so that you only make payments on an $8,000 loan. It is very difficult to get the lender to agree to reduced payments, so this is not a likely option.
If you cannot make the payments, surrendering the vehicle may be your best option prior to bankruptcy, and then you may need to talk to family and friends to see if they can assist you in purchasing or borrowing a less expensive vehicle.