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I voluntarily had a vehicle repossessed. Can this be discharged in chapter 7
Anonymous7 views4 answers
I had a vehicle voluntarily repossessed as I could not afford all the needed repairs and payments. If I file Chapter 7 can the balance owed after car was sold be discharged?
As long as you are eligible for chapter 7 relief, the remaining deficiency claim (the balance on the loan after crediting it with the value of the car) likely would be subject to discharge in your bankruptcy case. This is something to discuss with a bankruptcy attorney.
Robert W GambrellChapter 13 Bankruptcy AttorneyOxford, MS ·
The answer is normally yes. However, all creditors have the right to file a complaint to determine dischargeability of a debt if the creditor believes that the debt was obtained by a misrepresentation made by the debtor, if the debtor committed a willful and malicious act causing the obligation to that creditor, if the debtor committed fraud, and a few other items. The creditor must then prove that the debt is nonchargeable for one of the reasons stated. Complaints are rarely filed because the creditor can be liable to the debtor for attorney's fees if the debtor prevails in the litigation.
Ricardo Manuel CoronaChapter 7 Bankruptcy AttorneyFort Lauderdale, FL ·
That is a good question as most people think that voluntarily returning a vehicle relieves them of the liability on the debt. As the other attorneys have stated, normally the chapter 7 will discharge the deficiency. Usually, as long as you are eligible to file a chapter 7, that debt will be discharged along with many other debts you may have as well. Be careful before you file a chapter 7 bankruptcy and consult with an attorney before doing so, so that the attorney can properly evaluate and give you an answer with more information. Good luck.
Yes. If the creditor was a credit union, or small bank, or small dealership, they will almost always sue you for he difference between what you owed on the car and what it was purchased for at auction. This is something that you might want to look in to.