QUESTION

Chapter 7 Bankruptcy and car kept and I want to know if I can call them to pick it up 2 years later without any repercussion?

Asked on May 23rd, 2013 on Bankruptcy - California
More details to this question:
I filed Chapter 7 Bankruptcy about two years ago and it was discharged. I listed my car loan and said I would keep it. I have been making the payments on it. I went to car dealer today to see what I could get for it, if I traded it in. They told me that it was discharged and my credit report says I owe $00. That since I owe more than they are willing to give me, I should just call them and ask them to pick it up. They said that since I owe nothing on my credit report it was written off, that if I ask them to pick it up; I will not suffer any repercussions. Is this true? I want to make sure that they cannot come after me for the delta of what I owe verses what they sell if for or that they can put a repossession on my credit.
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9 ANSWERS

Bankruptcy Law Attorney serving Austin, TX at Law Office of Susan G. Taylor
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If you didn't reaffirm in a separate agreement with the creditor& it sounds as if you didn't "reaffirm"then you can send it back without consequences.
Answered on Jun 05th, 2013 at 5:07 PM

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Richard hirsh
The issue is whether you reaffirmed the debt. It sounds like you did not and therefore you owe nothing on the care but there is still a lien on the vehicle. If you did not reaffirm you owe nothing.
Answered on May 31st, 2013 at 2:34 AM

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That is true without reaffirmation of the debt.
Answered on May 27th, 2013 at 8:27 PM

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Personal Bankruptcy Attorney serving Portland, OR
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As long as you did not sign a reaffirmation agreement for that loan, you can give the car back and they can't charge you a dime.
Answered on May 27th, 2013 at 8:09 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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Your credit report is not a legal document and doesn't reflect how much is owed on the title to your vehicle. Your credit report indicates that the loan was discharged in bankruptcy, but the lien on the car loan is no different than it was when you filed your bankruptcy, minus only the payments you have made on it. Bankruptcy did not provide you with a free car. You may safely return the car to the lender and it should have no further affect on your credit.
Answered on May 27th, 2013 at 8:03 PM

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Debt Settlement Attorney serving San Diego, CA at Law Offices of Kathryn Tokarska
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Confusing question because I think you're using "they" to describe multiple parties. Here is what I can say. If you filed for bankruptcy and you did not reaffirm the loan, then your legal obligation to pay on the promissory note has been discharged. They cannot sue you or go after you to collect for payments or deficiency in a repo/auction sale type scenario. Remember also that the lender is a lien holder on the car though. Lender's right to take the car was not extinguished by the bankruptcy. You can return the vehicle to them or ask them to pick it up but I would not sell it, trade it, or give it away because you do not own it free & clear, even if the loan itself against it was discharged. If they refuse to take the vehicle back then request they clear the title. In some rare instances some people have been stuck where the lender refuses to take back the car or boat but the debtor can't get rid of it either. Hopefully this won't be the case here, it's usually only a case where the item is pretty worthless so the creditor doesn't want to bother with it. Things change, if you signed a reaffirmation agreement, and that agreement was filed & accepted by the court. In that scenario although the original loan was discharged you remain liable because you signed a post petition contract to make payments. Here, if the car is repo'ed you would be liable for a deficiency if the vehicle sells for less than what is owed.
Answered on May 24th, 2013 at 1:50 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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I would most strongly suggest you get your legal advise from someone other than a car dealer. See an attorney with details.
Answered on May 24th, 2013 at 1:31 PM

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The debt is discharged and you have no personal liability. Generally speaking, no repercussions, no reporting, there should not be anything that will give you grief.
Answered on May 24th, 2013 at 1:31 PM

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Bankruptcy Attorney serving Walnut Creek, CA at Alan E. Ramos Law Offices
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If you reaffirmed the debt, you will be liable for any deficiency (that amount due after the vehicle is sold). If you did not reaffirm the debt, and you received your discharge, and the liability was properly listed in your schedules, then you have no liability for the deficiency.
Answered on May 24th, 2013 at 1:31 PM

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