QUESTION
Can I still be required to pay damages after surrendering a vehicle 6 months after bankruptcy discharge?
Asked on Jan 24th, 2013 on Bankruptcy - New York
More details to this question:
The finance company never set a date or arrived at my place of residence to retrieve the vehicle. I now have received a summons in a civil case for this matter. I'm assuming that they are attempting this route to recover the vehicle or payment from me. If I just hand over the vehicle at this point, will it delete the petition to court and or remove this situation?
5 ANSWERS
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
2 Awards
It should
Answered on Apr 05th, 2013 at 4:00 PM
Estate Planning Attorney serving Wilmington, DE
at
Reger Rizzo & Darnall, LLP
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If you did not re-affirm they cannot hold you responsible but if not current on loan can take vehicle.
Answered on Jan 28th, 2013 at 8:19 PM
If you were represented in your bankruptcy, contact your attorney. If not, contact the lender (or their attorneys) and let them know where they can come to get the vehicle. If that does not satisfy them, you need counsel. I would go to your bankruptcy attorney first.
Answered on Jan 25th, 2013 at 7:51 PM
In most instances, after bankruptcy the company financing your vehicle simply wants the vehicle back or your payments. You have a legal obligation to return the vehicle to the lender and it looks like there was a breakdown in communication between the two of you.
Answered on Jan 25th, 2013 at 7:05 PM
Bankruptcy & Debt Attorney serving Syracuse, NY
at
Theodore Lyons Araujo
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If you did not sign a reaffirmation agreement there should be no liability. They may be serving you papers to provide the required notice but you should review this with your attorney right away.
Answered on Jan 25th, 2013 at 9:52 AM