Legal Question in Bankruptcy in Florida

I've been ch 7 discharged. Can I still turn in car as part of ch 7? Lender never sent reaffiration to be recorded by courts. 1. Discharged 8/30/12

2. Car reaffirmation sent to lender never filed with courtcourtcourt

3. Credit shows car as in good standing

4. Can get better car if allowed to turn in under ch 7

4. Need proof same day to get new car that old car files under ch 7


Asked on 9/24/12, 5:53 pm

1 Answer from Attorneys

R. Jason de Groot R. Jason de Groot, P.A.

The problem as I see it is that you might still be held liable for a deficiency if you signed a reaffirmation on this vehicle. If this debt was discharged you cannot. So, the important thing to find out is if the reaffirmation agreement was approved by the bankruptcy judge. In your bankruptcy schedules you had to list whether you intended to keep the vehicle and reaffirm it. We just want to avoid even the slightest possibility that this debt could come back to haunt you. Speak with the attorney who filed the bankruptcy for you.

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Answered on 9/25/12, 5:36 am


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