If the vehicle is "not included in the documents" there is a problem. There are at the very least 4, often up to 8, places in the documents where information about a loan secured by a vehicle should be disclosed. This is without regard to your intentions. In fact, one of these many forms is called the "Statement of Intentions" where you state whether you intend to reaffirm secured debts or surrender the collateral. Some of the other potential places where the documents would refer to this loan include Schedule B where you disclose all of your property, Schedule C where you claim applicable exemptions on your property, Schedule D where you disclose what secured debts you have, Schedule J where you state all of your ongoing expenses including car payments, the Statement of Financial Affairs often applies because monthly payments of $200 or more would cause #3 to apply, the means test form would indicate the payment in the case of an above median debtor, and most important as it applies to your question, the Creditor Address Matrix should list this debt. If they are not in the address matrix, then you probably have a lot of amendments to make and presuming you do not have an attorney, may need to contact the court clerk for guidance as jurisdictions vary with the procedure for adding creditors. By the way, reaffirming a debt would help rebuild credit, so I don't know if you're aware of that aspect of the Bankruptcy process. I also find the rationale unusual. People are typically petrified of losing a vehicle they are current on, as opposed to casually considering how to best rebuild their credit. The whole situation begs for legal counsel.
Answered on Jan 28th, 2014 at 4:05 PM