What to do about my car after a discharged chapter 7 bankruptcy

Business 8 views 4 answers
I filed chapter 7 bankruptcy that has been discharged. My car lender and I made a verbal agreement for me to keep my vehicle after to bankruptcy but never signed any paperwork. What can happen if I choose to stop paying my car note?

Attorney Answers

4
Derek Caldwell ·
Your bk discharge does not relieve you of the obligation to pay for the car if you want to keep it. So, to keep it you have to continue to pay for it. If you stop, the car finance company will eventually repo it. They will not be able to sue you for the deficiency after the car is sold after the repo, but they will repo it.
0 upvotes
William Popovich ·
You pay it, you keep current, or they repo the car.
0 upvotes
Ashley Morgan ·
Your bankruptcy relieved your legal obligation to pay on your car. However, the lien on the vehicle still exists. If you want to keep you car after your bankruptcy, you should continue to pay on it. If you decide that you no longer want to keep the car then you may return it (or if you just stop paying on it, then they will repossess the vehicle). The bankruptcy keeps you from being liable for any deficiencies if there are any if the vehicle is returned. Any questions regarding your situation should be directed to your bankruptcy attorney, If you do not have one, there are many in the area that can help.
0 upvotes
Magda Abdogomez ·
As a result of the discharge your personal responsibility for the debt owed on the vehicle was discharged since you state that you did not enter into a reaffirmation agreement. I am assuming that you listed the finance company or that they were aware of the filing of the bankruptcy at the time of the filing. However, the lien on the automobile was not discharged as a result of the bankruptcy. Therefore, if you stop making payments the finance company will have the right to repossess the vehicle.
0 upvotes

People Also Asked