Legal Question in Bankruptcy in California

i filed chapter7 that was discharged in feb.2009. my car was included in the bk and no reaffirmation agreement was signed. i never fell behind in payments so no one came to take the car. my situation has changed and i can no longer afford the car. if i turn it back in does the bankruptsy still cover me on that car or has it been to long? i am writing this June 2010.


Asked on 6/30/10, 9:40 pm

1 Answer from Attorneys
Christopher Hewitt Law Office of Christopher Hewitt

Since you did not sign a reaffirmation agreement then the car is still considered part of your bankruptcy and they cannot come after you for a deficiency judgment. This is precisely the reason that I never tell my clients to sign reaffirmation agreements unless they absolutely have to. If you need to turn it in because you can't make payments then it should be covered by the original bankruptcy.

Chris Hewitt

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Answered on 7/01/10, 8:24 am


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