Legal Question in Bankruptcy in California

I filed chapter 7 BK last year in Riverside, CA. It was discharged in 4/09. I listed my car as an extempt asset and listed the creditor as future payments on secured claims, but it was not listed on the master creditor mailing list. I can no longer afford to make the car payments, do to my spouse leaving. What can I do? Is this creditor covered under my Bankruptcy or do I have a right to file for a Motion to Reopen? I have absolutely NO extra money to get a lawyer or waste the 260.00 that I need to pay to file the Motion. Please advise me.


Asked on 3/30/10, 7:49 am

1 Answer from Attorneys
Madan Ahluwalia Ahluwalia Law P C

It appears that your intention was to keep the car. You would have also signed a Reaffirmation agreement as well which would have been filed in the court as well. If you can not keep the car, then stop paying and the lender would repossess it. I don't think you can reopen the case because now your changed situation renders you unable to make the payments. You can read this to determine if your case can be reopened- http://bankruptcy.lawyers.com/consumer-bankruptcy/Grounds-for-Reopening-a-Bankruptcy-Case.html. Good luck.

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Answered on 4/05/10, 10:52 pm


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