Can I file a chapter 7 if I am behind on my car payment?
No. A creditor will not accept a
reaffirmation if you are not current on your payments. You
can surrender the car and not owe the creditor the balance
and just basically walk away from it. If you are having
difficulty paying, it is probably not wise to want to keep
the car. A better option would be to buy a used vehicle
with a low monthly payment which is affordable in your
budget after you receive your discharge. If you can afford
the monthly payment, then you can file a chapter 13 to pay
the vehicle in the plan, or there is a chance you can get
all caught up with the payments if you can get the money,
file a chapter 7 and re affirm it, provided the car wasn’t
repossessed.