Legal Question in Bankruptcy in Louisiana

difference in terms

this is regarding a vehicle. What, if any, is the differnce between surrendering a vehicle and having it repossessed? Which would be better?


Asked on 1/01/98, 10:43 pm

2 Answers from Attorneys

Marvin Coffey Marvin E. Coffey Attorney at Law

Repo or surrender

Only difference is when they calculate what you owe there would be no repo charges tacked on if you surrender. You did not say whether you were filing for bankruptcy. If you are then it makes no difference as any deficiency from a later sale of auto would be discharged in the bankruptcy.

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Answered on 1/03/98, 12:42 am
Patrick A. T. West Ohio Ticket Defense Patrick A. T. West, Attorney at Law

Surrender or repossession

If you have filed bankruptcy and put your carloan creditor on notice, it is too late for arepossession without the creditor's obtainingan order granting relief from the automaticstay. Your surrender of the car is voluntary.From a credit point of view, the bankruptcyis more harmful than the repossession as itstays on your credit report longer (10 yearsas opposed to 7 years).

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Answered on 1/03/98, 4:11 pm


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