I was without a vehicle prior to filing my chapter 7 bankruptcy. I financed this vehicle 6 days after my filing date only to come across a faulty vehicle, a shady financing scheme and yet another burden to deal with. I am stuck financing a vehicle for the next 4 years that isn't working properly. Was there a way that this could’ve been added to bankruptcy? Am I able to file an amendment to reopen the case with this type of situation? Are there any options at all?
This is considered a post petition debt and you cannot reopen the case. You may have recourse in state court with lemon laws, magnuson moss warranty claims, or general contract damages.
If you borrowed the money AFTER you filed your bankruptcy case then it is a post-petition debt for which you remain responsible. There is no way to have it included in a prior bankruptcy retroactively.
Debts that are incurred after the petition date (post petition debts) cannot be discharged. You may be able to file a chapter 13 to deal with this debt.
Unfortunately, you can only include those debts you owed on the date of filing. I wish I had better news as to the bankruptcy. Wherever you live may have rules governing lemon vehicles.
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.