QUESTION
Can a car company come after me if they repossess my car after I file bankruptcy?
Asked on May 22nd, 2012 on Bankruptcy - Colorado
More details to this question:
Can a car company come after me if they repossess my car after I file bankruptcy?
18 ANSWERS
No, their debt would be Discharged.
Answered on Jun 07th, 2012 at 2:32 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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If the debt was also included on the bankruptcy petition and you did not reaffirm the debt, then the debt should have been discharged by the court and your creditor will not be able to collect the debt from you.
Answered on Jun 07th, 2012 at 12:38 AM
Yes. If you filed first (and reaffirmed the debt) and later, you default on your obligation, and they repossess the car, they can come after you for the balance.
Answered on Jun 05th, 2012 at 5:42 PM
Bankruptcy Chapter 7 Attorney serving Los Angeles, CA
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Bereliani Law Firm, PC
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No it is a violation of the bankruptcy discharge order. You should contact your bankruptcy attorney to write them a letter regarding the violation. You can sue them for a couple thousand dollars if they don't stop.
Answered on Jun 02nd, 2012 at 12:15 PM
Bankruptcy Attorney serving Seattle, WA
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The Law Office of Marc S. Stern
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No, it is a violation of the stay/discharge.
Answered on Jun 01st, 2012 at 1:34 PM
No. Your deficiency (what is left over from your car loan after they sell the repossessed car) is just like any other debt and will be discharged in bankruptcy. Do not under any circumstances sign a re-affirmation.
Answered on May 30th, 2012 at 2:33 AM
Commercial Bankruptcy Attorney serving Davie, FL
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Law Office of Jeffrey Solomon
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You would have listed the car company in your bankruptcy, and if you did not sign a reaffirmation agreement and received your discharge, the car company could not sue you for a deficiency.
Answered on May 29th, 2012 at 5:20 PM
Chapter 7 Bankruptcy Attorney serving Appleton, WI
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Sisson & Kachinsky Law Offices
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Yes. If you owe more on the car than they get from their sale of your repossessed car, then they can come after you for the deficiency.
Answered on May 29th, 2012 at 2:15 PM
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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Not unless you executed a reaffirmation agreement during your case & had it approved by the court.
Answered on May 29th, 2012 at 12:50 PM
Bankruptcy Attorney serving Columbus, OH
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The Needleman Law Office
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Typically, 99% of the time NO.
Answered on May 25th, 2012 at 8:00 PM
Bankruptcy Attorney serving Overland Park, KS
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The Smalley Law Firm, LLC
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They should only be entitled to possession of the vehicle, but not for any money beyond that.
Answered on May 24th, 2012 at 7:01 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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No. When you file a bankruptcy the federal automatic stay comes into effect and prohibits a car company from contacting you, initiating a lawsuit, or proceeding with a lawsuit. If you listed an intention to surrender the collateral, then they can probably come get the car.
Answered on May 23rd, 2012 at 7:47 PM
If the car company had notice of the bankruptcy filing, they just violated the federal stay order. Discuss with your bankruptcy attorney.
Answered on May 23rd, 2012 at 7:38 PM
Criminal Defense Attorney serving Portland, OR
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Jacob D. Braunstein, Attorney at Law
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Typically, if a debtor lists the creditor (loan company in your case) in the bankruptcy petition and schedules, the creditor must seek relief from the automatic stay in order to repossess the vehicle. This means the creditor must go to the bankruptcy court to get permission to repossess the vehicle. However, the creditor cannot come after you for a deficiency if they have been listed as a creditor in the bankruptcy.
Answered on May 23rd, 2012 at 7:28 PM
If the debt was incurred prior to the filing of your banruptcy petition then you are not responsible for the debt.
Answered on May 23rd, 2012 at 7:25 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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No, so long as you did not sign a reaffirmation agreement.
Answered on May 23rd, 2012 at 7:15 PM
If the debt was included in the petition, and the creditor received notice, and you did not reaffirm the debt, then the creditor is prohibited from seeking any deficiency against you after repossessing the vehicle.
Answered on May 23rd, 2012 at 7:14 PM
Daniel James Wilson
Only if you reaffirmed the debt.
Answered on May 23rd, 2012 at 7:14 PM