Legal Question in Bankruptcy in California

i filed for chap 7 BK. i also have a leased vehicle but i stopped payment after the BK filing.

should i contact the dealer and have them take the car back or wait?

does the condition of the car matter when the vehicle is returned? what if it has been in an accident or what if the original parts are not on the car when returned? can i get sued for the amount to get the vehicle back to factory specs?

thank you for your time


Asked on 8/04/09, 5:58 pm

1 Answer from Attorneys
Larry L. Doan Law Office of Larry L. Doan

If you're not going to continue with the lease despite the bankruptcy filing, then yes, you should contact the dealer and arrange to surrender the vehicle back to them.

As far as being assessed additional charges by the leasing company due to the accident or lack of original parts, I believe those debts will be discharged as a part of the Chapter 7 if you've listed the lease in the schedules and surrender the car.

Larry L. Doan, Esq.

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Answered on 8/07/09, 7:31 pm


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