Legal Question in Bankruptcy in California

RE Affirmation

During bankruptcy a car was listed but was kept by individual. Individual did not re-affirm the car loan.

Finance company says they cannot bill, i.e. the party must continue to make payments without a bill.

If the individual decides to let the car go back to lender, what happens then.

Will they be responsible for the balance when car is resold or is it just a voluntary repossession.


Asked on 7/25/02, 1:22 pm

2 Answers from Attorneys

Mark Markus Law Office of Mark J. Markus

Re: RE Affirmation

Nope. Under these circumstances they an return the vehicle without any further obligation (assuming they receive a discharge)

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Answered on 7/25/02, 1:25 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: RE Affirmation

The advice by Mr. Markus is the best. I cannot improve upon it

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Answered on 7/25/02, 11:48 pm


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