QUESTION

im just starting a bankruptcy in virginia. the attorney had me put my car loan in the paperwork. what is the law in virginia?

Asked on Aug 14th, 2011 on Bankruptcy - Virginia
More details to this question:
can they come take my car?
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1 ANSWER

William/J Joanis
Bankruptcy is a federal law.  While local practice may very, in every state, the basic rule is that you disclose all of your property and list all of your debts.  The effect of the bankruptcy is to have the value of the assets that would be available for creditors (non-exempt property) at the time of filing of the bankruptcy case liquidated by the trustee.  That amount, if any, liquidated by the trustee is then distributed by the trustee to the creditors. In most cases, there are no assets, and therefore nothing is taken from the debtor or paid to the creditors.  In exchange, the honest debtor is discharged from the personal obligation to repay the debt.  The debt still exists, he debtor's personal obligation to pay the debt does not.  If any one else owes it with the debtor or if the debt is secured with collateral, the creditor has the right to collect from that other person or to foreclose if there is a default on the loan secured by the collateral.  But the debtor cannot be asked to repay the loan.  So, if there is a car loan, and the payments are made, and the insurance maintained, the creditor cannot do anything, as there is no default triggering a right to foreclose, but if there is a default, the car will be sold to pay the debt.  As long as the debtor did not reaffirm the debt, the creditor still cannot ask the former debtor to pay the difference between the amount of the loan and the amount the car was sold for (the deficiency).  In some jurisdictions, the local courts make it more difficult for debtors to keep their cars without reaffirming the debt, however.  Your lawyer should explain this to you and tell you how things work in Virginia.
Answered on Aug 14th, 2011 at 4:58 PM

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