QUESTION
Can I get my car added to my filed bankruptcy?
Asked on Mar 09th, 2014 on Bankruptcy - Idaho
More details to this question:
I filed just shy of one year ago and did not sign a reaffirmation agreement. I am now considering turning my car in as I'm so upside down and not making as much money. Can I add my car to bankruptcy?
11 ANSWERS
Debt Relief Attorney serving Anaheim, CA
Partner at
Marlin Branstetter Attorney at Law
If you did not sign a reaffirmation agreement you should be able to return the car to the lender and not be responsible for any deficiency owing on the loan.
Answered on Mar 11th, 2014 at 11:57 PM
No, once your case is discharged and closed it is over. You would be liable for the deficiency on the car loan.
Answered on Mar 11th, 2014 at 6:08 AM
2 Awards
If you bought your car prior to your bk then it should already be in the bk. If you did not sign a reaffirmation agreement you can surrender the car at any time and the creditor is prevented from pursuing you for payment.
Answered on Mar 11th, 2014 at 6:08 AM
You can surrender your car and will not be responsible for any deficiency if they cannot sell it for what you owe, because you did not reaffirm the debt. It is not necessary to file anything with the bankruptcy court.
Answered on Mar 11th, 2014 at 6:07 AM
Debt Settlement Attorney serving San Diego, CA
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Law Offices of Kathryn Tokarska
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If you listed the loan on Schedule D in your bankruptcy petition AND you did not reaffirm AND you received a discharge in your bankruptcy case, the car loan was also discharged. This means that should you return the vehicle and proceeds from the sale at an auction turn out to be less than what is owed on your loan you are NOT responsible for any deficiency. Nothing further needs to be done in your bankruptcy case in this scenario.
Answered on Mar 11th, 2014 at 6:00 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See you bankruptcy attorney or engage one. Without the details and a review of your filing it is impossible to answer your question.
Answered on Mar 11th, 2014 at 5:36 AM
Your car should have been included on your bankruptcy. You should check your bankruptcy schedules to be sure. If you signed a reaffirmation agreement approved by the bankruptcy trustee to retain your car, it is too late to back out of it now & you can be sued by the lender to collect on the debt.
Answered on Mar 11th, 2014 at 5:35 AM
If no reaffirmation was signed and approved by the court, you have no worries. Call the car lienholder and ask them (politely) to pick up the car. If they have any questions, have them call your attorney.
Answered on Mar 11th, 2014 at 5:25 AM
Deborah F. Bowinski
You don't say when you purchased your car. If you bought it before you filed your bankruptcy case then the loan should have been included even though you intended to keep the car. If that is the case, then the loan was discharged and you will suffer no ill effects from letting the car go back to the lender. If you failed to list the car and the loan, then you may have other issues. If you bought the car after you filed for bankruptcy then the bankruptcy cannot help you get away from the loan at this point.
Answered on Mar 11th, 2014 at 3:25 AM
Debt Settlement Attorney serving Chicago, IL
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Law Offices of Daniel J. Winter
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Talk to your lawyer to be sure of whether you signed the reaffirmation or not. Was it a car loan or lease? Need to see how it was listed in bankruptcy. If it was purchased before filing, it was "in" the bankruptcy. Whether you reaffirmed or paid is a separate issue, and whether you can eliminate the debt is also another issue.
Answered on Mar 11th, 2014 at 3:24 AM
bankruptcy Attorney serving Paul, ID
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Paul N. J. Ross Law, PLLC
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If you owed the debt at the time of filing the bankruptcy, it should have been listed. If you did not owe it, then you cannot add it. If you owed it, and you did not list it, you have some potential bankruptcy fraud issues. If your case is still open, I would add it. If it was listed and you did not sign a reaffirmation agreement, turn it back and be done; the creditor cannot come after you.
Answered on Mar 11th, 2014 at 3:22 AM