QUESTION
Car repo 4 years ago and is now being sued can I file bankruptcy on that?
Asked on Apr 08th, 2013 on Bankruptcy - Utah
More details to this question:
It’s been turned over to law office and have been served papers need to know what to do?
15 ANSWERS
Yes, you can file a bankruptcy on a lawsuit that was filed on the remaining balance of a repossession.
Answered on Apr 16th, 2013 at 12:24 AM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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There is a statute of limitations that applies when the debt is more than 4 years old. You must answer the lawsuit and raise the defense. Or you can file bankruptcy.
Answered on Apr 10th, 2013 at 1:01 AM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Yes
Answered on Apr 09th, 2013 at 11:29 AM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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If you qualify otherwise, and you probably do, you can discharge the car wreck claim. See a bankruptcy lawyer.
Answered on Apr 09th, 2013 at 11:29 AM
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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Filing a bankruptcy will absolutely stop all of that.
Answered on Apr 09th, 2013 at 11:28 AM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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If you are eligible to file then it can be discharged in a Chapter 7.
Answered on Apr 09th, 2013 at 11:28 AM
Yes, that would be a dischargeable debt in Chapter 7.
Answered on Apr 09th, 2013 at 11:27 AM
Debt Settlement Attorney serving San Diego, CA
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Law Offices of Kathryn Tokarska
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Yes, deficiency as a result of a car repossession is a kind of debt potentially dischargeable in bankruptcy.
Answered on Apr 09th, 2013 at 2:16 AM
Bankruptcy Law Business Attorney serving Asheville, NC
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Pitts, Hay & Hugenschmidt, PA
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You can deal with this in bankruptcy court: no problem . You need to move ahead right away if the sheriff is looking to serve you papers.
Answered on Apr 09th, 2013 at 2:12 AM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Yes. Please understand that filing for bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.
Answered on Apr 09th, 2013 at 2:04 AM
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Yes you can include law suits and auto loan deficiencies in bk.
Answered on Apr 09th, 2013 at 1:58 AM
Bankruptcy Attorney serving Charleston, SC
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Davis Law Firm
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If it has been more than 3 years since the car was repossessed, you probably can defend the suit on the basis that the Statute of Limitations has run. This is a defense that must be raised in an answer. You need to see an attorney at once as you only have 30 days to respond to the complaint. If you do this, you should not need to file a bankruptcy unless you have other debts. An attorney can advise you if you would be better off defending this lawsuit or filing a bankruptcy.
Answered on Apr 09th, 2013 at 12:49 AM
Contact a consumer protection attorney. If the repossession was not done properly, you may be able to defend the lawsuit rather than file for bankruptcy, and may be entitled to damages. Keep any and all correspondence from the creditor, repo company & law firm, including all envelopes. Take your documents to a consumer attorney to look for violations of consumer law.
Answered on Apr 09th, 2013 at 12:46 AM
Divorce & Separation Attorney serving St. George, UT
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RBW Esquire, LLC / Weekes Law
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Debt that was not fully satisfied by repossessing a vehicle and selling it is called a deficiency. Lenders can pursue the deficiency during the statute of limitations period. The deficiency is unsecured debt and may be discharged in a chapter 7 or chapter 13 bankruptcy.
Answered on Apr 09th, 2013 at 12:37 AM