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