QUESTION
If my lawyer did not include my car lease in my chapter 7, what should I do?
Asked on Aug 22nd, 2013 on Bankruptcy - Texas
More details to this question:
I was cleared of a chapter 7 bankruptcy a few months ago. My lawyer never included my car lease in the bankruptcy and the place that financed my car told me I am liable of having the car taken from me. I have never missed a car payment and has always been on time. The company who financed the car stated the lawyer was supposed to send over a letter of intention and he needs to re-open the bankruptcy. I am trying to find out what is the next best step.
7 ANSWERS
Deborah F. Bowinski
You may well have completed a Statement of Intent as a part of your Petition.
Answered on Aug 30th, 2013 at 2:30 PM
The car lender is lying to you about taking the car if your payments are current. And it is too late to obtain a reaffirmation, which by law must be submitted to the court before the discharge is entered. You should have read your entire bankruptcy petition before it was filed and let your lawyer know that a creditor was missing, if in fact it was missing. Look at Schedules D or G of your bankruptcy paperwork to determine whether this debt was included. If not included, it is now too late to make any changes. Talk to your own lawyer about the repercussions of this mistake of yours.
Answered on Aug 30th, 2013 at 2:30 PM
Bankruptcy Attorney serving Florissant, MO
at
Law Offices of Thomas Corcoran Phipps
Update Your Profile
You can reopen the case and amend the schedules. Or you can just keep making the payments.
Answered on Aug 30th, 2013 at 2:30 PM
2 Awards
You under an obligation to review your bankruptcy petition and ensure that all creditors are listed. It is not your attorneys fault that your car lease was not included. That being said, you must file a motion to reopen your case if it has been closed, file an amendment to the bankruptcy petition adding your car lender, and filing motion to assume the lease. This may or may not work considering there is a deadline within which you must assume or reject your leases. My office would charge $2500 for the service. You may be better off to simply continue to pay your lease payments and if the car company attempts to repossess you can sue in state court since you're not in default of the agreement.
Answered on Aug 30th, 2013 at 2:30 PM
It sounds to me as though your car company is trying to pressure you into filing A reaffirmation agreement. My advice is to leave the bankruptcy closed. As long as you keep making your monthly payments they should not be allowed to repossess your vehicle. You do not have to file any statement of intention in order to keep your vehicle. A reaffirmation agreement only favors the creditor in most circumstances.
Answered on Aug 30th, 2013 at 2:30 PM
Information provided doesn't create an attorney/client privilege nor constitute an offer of services and is only general responses to hypotheticals
Chapter 7 Bankruptcy Attorney serving Appleton, WI
at
Sisson & Kachinsky Law Offices
Update Your Profile
Amend the petition.
Answered on Aug 30th, 2013 at 2:30 PM
Bankruptcy Attorney serving Dallas, TX
at
Polk & Associates
Update Your Profile
Sending out a "letter of intention" is not what is required in that situation. So the company is wrong on that part. Also, I would be careful taking bankruptcy law advice from someone whose job is to extract more money out of you, and especially in thinking that person's advice about what the bankruptcy laws require is going to somehow be more accurate than stuff filed by your own attorney who is an actual bankruptcy lawyer and whose goal is to protect you.
Answered on Aug 30th, 2013 at 2:16 PM