Your Bankruptcy Attorney should handle this problem, sounds as if he never had you sign a reaffirmation agreement on the car loan, thus this is his mistake and fault. The proper course was not to just document your intentions on your petition, you also needed to sign a reaffirmation agreement to keep the loan in force. It sounds like your debt was discharged through your Chapter 7 Bankruptcy Petition, which cannot be undone.
To answer some of your other questions:
Co-Borrower should still be liable for the debt, not discharged, they need to contact credit bureau to correct issue. Leave issue alone, unless co-borrower wants to pay back the debt.
Yes they can take whatever payments you send them; the debt was discharged, but not their ability to collect payments.
You can keep the car if you keep making payments or they will repossess. Giving it back is really up to you, damage is done. But you should be building your credit back up, not wasting it on a car loan you will not get credit for on your credit reports. But this is more personal choice, not a legal answer.
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 11th, 2012 at 2:42 PM