QUESTION

I filed chapter 7 bankruptcy in November

Asked on Feb 20th, 2013 on Bankruptcy - West Virginia
More details to this question:
I choose to keep my car in the bankruptcy and also a ATV Both vehicals are financed at the same bank my bankruptcy will not be final untill march 5th can i still let the ATV go without loosing the car they are on 2 seperate loans
Report Abuse

1 ANSWER

Bankruptcy Attorney serving Burbank, CA
Reviews not shown
3 Awards
As long as the loans are not cross-collateralized and you did not reaffirm the loan on the ATV, then you will have no further obligation on the ATV and should be able to retain the other vehicle as long as you remain current with the payments AND the bank that is secured by the other vehicle does not require a reaffirmation agreement. From a purely legal standpoint, even if you remain current with payments, a secured creditor may seek to repossess the vehicle under applicable state law if you do not timely reaffirm the debt with the bankruptcy court.   To the best of my knowledge, the only vehicle lenders that insist on reaffirmation agreements are Ford and Chrysler (and most credit unions). You have until your bankruptcy discharge is entered to reaffirm a debt. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  
Answered on Feb 20th, 2013 at 11:59 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters