QUESTION

How would I know if my car was part of my bankruptcy?

Asked on Oct 25th, 2012 on Bankruptcy - Michigan
More details to this question:
I had no contact with my attorney during chapter 7. The car was repossessed. That is fine but we cannot file another lawsuit for the car. My case was handled strictly though emails and calls through her associates. I never knew, just trusted my attorney’s help. Legal aid will do this for $100.00 but I need to make sure we can reaffirm chapter 7. It just ended October 1.
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7 ANSWERS

Bankruptcy Law Attorney serving Austin, TX at Law Office of Susan G. Taylor
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You need to keep after your lawyer for an explanation or go through the State Bar to get it. You probably have no liability for the car, if you didn't execute a reaffirmation agreement with the creditor, in addition to your filing.
Answered on Oct 30th, 2012 at 11:46 AM

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Bankruptcy Attorney serving Alpena, MI at Carl C. Silver Attorney at Law
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Try reading your bankruptcy paperwork. The car should be listed under schedule B and the lender should be on schedule D. If they are not listed on these schedules you may be guilty of bankruptcy fraud for not disclosing all your assets and liabilities.
Answered on Oct 28th, 2012 at 2:50 AM

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Bankruptcy Attorney serving Myrtle Beach, SC at Law Office of Margaret L. Evans, PC
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Your information provided doesn't make sense ..... you would need to review your schedules and petition and see what, if anything, the debtor's statement of intention included regarding the vehicle.
Answered on Oct 28th, 2012 at 2:49 AM

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Bankruptcy Attorney serving Phoenix, AZ at Law Office of D. L. Drain, P.A.
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The attorney was required to provide adequate and accurate legal assistance. I don't know the state where you live, but you have a right to ask that the attorney answer your questions. I have never heard of a bankruptcy being processed without meeting the attorney - usually several times. You need to investigate this more. Perhaps a complaint to the State Bar would be appropriate. If this is an Arizona filing please contact me with more information about the attorney and how you processed your bankruptcy. Because you are represented by counsel I cannot give you legal advice.
Answered on Oct 27th, 2012 at 2:19 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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What do you mean when you say "if your car was part of my bankruptcy?" If you want to see if your car was listed as an asset in your bankruptcy, you can go to the federal records website and look at your file. This site is at www.pacer.gov . Although you will need to register and put up a credit or debit card to guarantee payment to use this site, chances are that all the fees will be waived unless you look at hundreds of pages. I also don't understand what you mean when you say "file another lawsuit for the car." Do you believe you can sue the lender for repossessing the car when you didn't pay for it - cause if you believe bankruptcy got you your car free and clear, you are mistaken about how bankruptcy law works. And what do you mean by reaffirm chapter 7? There is no such thing. You might reaffirm a debt in your chapter 7 but you would have had to have done this before your discharge was granted. Again, if you look at the court file, you can see whether or not your reaffirmed any debt. However, you ought to remember if you reaffirmed a debt as it would have required you to appear in court to see the judge.
Answered on Oct 27th, 2012 at 2:01 PM

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Bankruptcy Law Attorney serving Livingston, NJ
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Have whoever is assisting you pull your old case petition and see what is on there.
Answered on Oct 27th, 2012 at 1:29 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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If you filed for Chapter 7 and ceased making the payments on the car, a creditor, whose obligation was secured by the care as a right to repossession. Your discharge in bankruptcy, assuming that occurred, discharge is your obligation to the note does not change the fact that the creditor had a lien on the car.
Answered on Oct 27th, 2012 at 1:29 PM

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