Do i need to reopen my case or amend my case and if so how do i do this?

Bankruptcy and Debt 2 views 3 answers
my vehicle was abandoned to me in my bankruptcy 7 case which was discharged 03/19/2015. however i neglected to add the vehicle lien holder to my creditors list and my schedule F. It is only listed in schedule B. Is the vehicle still mine? and how do I show the creditor proof of this? If not do I need to amend my discharged case or do I need to amend my creditors since the case has already been discharged?

Attorney Answers

3
Derek Caldwell ·
The fact that your trustee abandoned any interest in your vehicle despite the mistaken impression there was no lienholder has no affect on your lienholder's right to enforce their lien. What that means is that if you want to keep your vehicle you still have to pay for it. It may also mean that because you did not reaffirm the lien while your bankruptcy was open that your lienholder may chose to repo your vehicle. Unfortunately, even if you reopened your Ch7 it is too late to reaffirm the debt because their are strictly enforced time frames in which reaffirmations of loans can be entered into (45 days from the first setting of your 341 meeting of creditors). The vehicle is still yours but you will still have to pay for it and if you have not made any payments while your Ch7 was open, I'd expect the lienholder to repo it fairly soon unless you bring any past due payments current immediately and even then, they could still repo the vehicle. If you have a bk attorney, talk to him or her ASAP.
0 upvotes
Kenneth Reynolds ·
The secured creditor's lien rights are not impacted by your bankruptcy discharge whether you scheduled their claim or not. your possession of the vehicle is subject to the creditor's lien which may be foreclosed upon if an agreement is not reached with the secured creditor.
0 upvotes
Ryan Dove ·
Mr. Caldwell is correct. If you have failed to make payments on the debt, then you are at the mercy of the creditor. Chapter 7 bankruptcy does not get you a free car. The lien passes through bankruptcy unchanged. Their notice of the bankruptcy has nothing to do with your failure to make payments. The good news is that if you did not reaffirm the debt (it sounds like you did not) and they repossess the car they can not come after you personally for any money owed (they can only take the car). If you have an attorney, consult your attorney. You can contact the lien holder to try to work out an agreement, but that may spur them into action to repossess the vehicle - so you need to be prepared for that. If it makes sense to keep the vehicle you may consider meeting with an attorney to discuss a Chapter 13 bankruptcy.
0 upvotes

People Also Asked