Legal Question in Bankruptcy in California
Disposition of Auto Loan listed on Statement of Intentions
I recently filed for a Chapter 7 Bankruptcy which was discharged in May. I filed it myself and what I understood was that I did not have to re-affirm my auto loans if I listed in my Statement of Intentions that I intended to continue paying them as per the original contract and was not asking for relief on those items. One of my lending institutions put my account on hold until after the discharge was awarded and then continued the account like normal, however, my other lending institution did not continue my account after the discharge. When I failed to receive a statement for the month I called them and they informed me that it was their companies policy to discharge the debt and if I wanted to keep it and continue paying that was fine, but my credit file would not reflect a paid off loan, but a discharged loan instead. My question is - now that I have listed this in my Statement of Intentions like I did, would their be a negative impact to my credit if I returned the vehicle to them? The only reason I kept the car is because I thought it would help my credit down the road to pay it off. If I am not going to receive the benefit of this then I would rather just return it. Please let me know - Thanks.
1 Answer from Attorneys
Re: Disposition of Auto Loan listed on Statement of Intentions
I have no idea what specific effect it will have on your credit, but you can definitely return it without being liable on the balance of the contract, as long as you didn't sign a reaffirmation agreement.