Legal Question in Bankruptcy in California

I filed for chapter 7 bankruptcy, in my paper work I said I intended to reaffirm my car loan and keep my car, my car is listed as a debt, I have since changed my mind and want to give the car back. I have not signed a reaffirmation agreement with the creditor. My question is can I still give the car back and will it be included in the bankruptcy? The bankruptcy has not been discharged yet. I do not have an attorney used a paralegal to do the paperwork for me.


Asked on 1/09/11, 9:08 pm

1 Answer from Attorneys
Asaph Abrams Law Office of Asaph Abrams

Liability on a car loan would only survive a successful bankruptcy discharge if one had signed a reaffirmation agreement and did not timely cancel it.

Belabored cocktail-party-conversation-as-legal-advice-clich� disclaimer: this answer (& our Web site) doesn�t address all facts & implications of the question; it�s not legal advice to be relied upon; it creates no attorney-client relationship; it�s personal opinion w/general info on CA law; it�s drafted prior to posting of other answers & doesn�t reflect upon the latter. Seek legal counsel before acting or refraining from bankruptcy/legal action; it�s worth the cost. Okay, I�m done.

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Answered on 1/14/11, 10:35 pm


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