How do I include my vehicle to Chapter 7 bankruptcy?

If your car loan is listed on Schedule D, the debt will be discharged. However, you should notify the trustee and the lender that the vehicle was destroyed and be prepared to document same.

You should amend your schedule B to reflect the current value of your car. You should also amend your schedule D and list your automobile at its current value-post accident.

If the chapter 7 was done correctly, then the car is included. Just tell the bank to come and get their car

The car should have been included on Schedule B in your petition, so you must amend the petition to reflect your current situation. Even if you want to keep a car, you must include it as personal property (Schedule B). You may have an issue with the trustee but you should amend the petition; if you indicated in Schedule D that you would reaffirm the debt, you now have nothing to gain from such reaffirmation.

You were required and still are required to list ALL of your debts. Bankruptcy is not a menu where you pick and choose which assets and debts you want to list. The loan could be dischargeable, but you need to ensure your attorney amends your schedules and does all the things properly.

No, you need to amend your Statement of Intention to show that you no longer intend to retain the vehicle. Most contracts financing the purchase of the vehicle require you to maintain full coverage on the vehicle, and if you only have liability insurance, it is possible that you could be sued for violating this contract term while continuing to drive the vehicle as acting recklessly.

The law requires that you list ALL your debts and ALL your assets. You do not have the right to leave any debt off the schedules. Amend your schedules to reflect what the law requires.

Yes you need to list the car on Schedule B. It should have been listed there at the start. Your bankruptcy schedule B as filed is not accurate. You cannot pick and choose what assets to list in a bankruptcy. You sign a declaration under penalty of perjury that says you have disclosed all of your assets. The only way to protect you and your assets is to schedule everything. You should amend your schedules ASAP.

The vehicle should have been listed in Schedule B, Schedule C. The loan should have been listed in schedule D. We do not get to pick and choose what we list regardless of what you want to do with the debt. You should list all assets (that includes cars, personal valuables, etc) and all debts (car loans, mortgages, income taxes, etc. regardless if you wish to keep paying on it or not, wish to keep the collateral or not). There was also a form called Statement of Intent. I don't know what you did with this but it should have been filed stating what you intend to do with collateralized items. If you did not file one, you can still file it and in it state you wish to surrender the vehicle. Statement of Intent, is just that, a statement of intent, and you have opportunity to do what you intend or not do what you intend. Even if you filed one saying you wish to reaffirm & keep the vehicle, you can change your mind by not executing a reaffirmation agreement. You should amend & file the corrected schedules. Amendments require an Amendment Cover sheet (see court forms) along with the Amended Schedules. Schedules A-H, if amended, should be marked as "AMENDED" on top by the title and display ONLY the changed item(s) with an explanation. For Example on Amended Schedule B, write AMENDED on top of the sheet next to Title and then below "ADDED" and then list the item being added, or "CHANGED" if something is being corrected. Generally speaking, I do not recommend filing bankruptcy without an attorney. As self represented individual you are still expected to understand rules and procedures that took professionals quite a bit of time to learn and practice. Statistics collected from different courts show a high failure rate among self represented debtors. Hope this helps. Good luck.

You do need to file the amendment. If the accident occurred after the filing of the bankruptcy, the lender could object to your discharging your liability, since with rare exceptions bankruptcy discharges only debts arising before the minute you filed your case. But it's still worth a try. Remember that your duties in bankruptcy include listing ALL your debts. Remember that you signed several different papers saying under penalty of perjury that your papers are true, correct and COMPLETE. Fix it fast.

Once a Chapter 7 is filed, only debts owing before are included. You cannot include debts acquired after the bankruptcy was filing. Deliberately not including a debt in a bankruptcy is grounds for that debt not being discharged, if not more serious consequences, including criminal. Visit with your attorney.