Legal Question in Bankruptcy in California

I filed for bankruptcy and added a vehicle that was in my name, but is actually my neices car, she makes the payments. I did not reaffirm the vehicle but the bank told my neice that as long as she makes the payments on time, they would not pick up the vehicle. my concern is that if she misses payments in the future and they pick up the car and sale it to aution, that i would be responsible for the balance due and have my wages garnished even after adding this vehicle to bankruptcy. Is that legal for the bank to allow her to continue to make the payments even after discharge?


Asked on 4/06/10, 11:49 am

1 Answer from Attorneys
Asaph Abrams Law Office of Asaph Abrams

Since you did not reaffirm the vehicle loan, you will not be responsible for the balance due and will not have your wages garnished.

I assume your niece is not a signer on the loan. If she is, then she would be liable for the balance due.

Disclaimer: the above as well as any information found on our Web site is not legal advice and should not be relied upon. It does not create an attorney-client relationship. Unilateral communications may be misconstrued as they do not address all facets, nuances, and particulars, or all means of addressing a situation. This is strictly my opinion provided for general informational purposes and it pertains to California law. Seek legal and other professional counsel before acting in relation to bankruptcy. It's worth the cost.

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Answered on 4/11/10, 1:07 pm


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