The answer is YES, you can list the remainder of the balance of truck after auction on a Chapter 13 Bankruptcy filing, but you will still be paying some or most of it back. If that's your only issue, you may want to consider working a deal with the lender and settling the debt, instead of Bankruptcy being listed on your credit report. If you wanted to discharge the debt (write it off, without paying it off) then you would need to file Chapter 7 Bankruptcy.
I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.
Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.
Joseph F. Botelho, Esq.
BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com
126 Shove Street Unit 202 Fall River, MA 02724
Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147
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Answered on Jan 04th, 2012 at 5:35 PM