Legal Question in Bankruptcy in California
if we filed a Bankruptcy 7 and didn't sign a reaffermation agreement with creditor, are we still obligated to pay for the auto or can we give it back eventhough in the paper work of the bk it indicated we were going to keep them. However the debt was added into the bk we just changed our minds and never signed a reaffermation on it.
2 Answers from Attorneys
You're not obligated. You can give it up and not owe a dime on it, notwithstanding your prior stated intention on Form 8 of the petition. :)
Important disclaimer:
Unilateral written communications may be incomplete or misconstrued. This answer is not legal advice and it is based upon the limited and partial information provided in the question. This answer is general in nature. It is strictly opinion and legal opinions differ and some may be incorrect. This reply does not create legal representation and does not create an attorney-client relationship (or retainer). The information herein should not be relied upon in determining whether or not to take or refrain from any action. Only an attorney that agrees in writing to represent a person is capable of giving legal advice in response to a question. Such a hired or retained attorney is in a unique position wherein he or she can clarify the questions, determine and avoid conflicts of interest and gather all the information necessary to give an informed answer. A retained attorney is in a unique position to follow up on their legal advice and adapt/correct it as circumstances change or new information or knowledge comes to light. All individuals are urged to retain competent legal counsel before filing for bankruptcy. Errors in completing and filing a bankruptcy petition can have disastrous consequences.
If your bankruptcy is still open, you may amend your statement of intentions. You should contact the lender to make arrangements, so you won't be surprised with a repo and hassle getting back your personal property that may be in the car at the time.