Legal Question in Bankruptcy in Florida

Voluntary repossesions after bankruptcy

My husband filed bankruptcy about two years ago and we decided to keep the car. We had been paying faithfully for the car through direct withdrawal from our bank. We have never been late or missed a payment in over two years. The finance company, two and a half years later decide to stop the automatic withdrawal without notifying us and as a result we got behind in payments ($2000). Its easy to say that we should have noticed, but I didn't. The money goes into a separate account for bills and I wasn't aware that they had stop taking the money until they ordered a reposession of the vehicle. They claim that they ''have been really busy'' and just became aware that we had filed bankruptcy, which promted the changes to the payment method (2 1/2 yrs later). Due to the circumstances, the finance car allowed us to keep the car and we would attempt to catch up payments. We have now decided to relinquish the car voluntarily and my question is: if it was originally included in the bankruptcy, can we now voluntarily relinquish the car without any penalties???


Asked on 5/25/01, 4:36 pm

1 Answer from Attorneys
Anthony Comparetto Comparetto Law Firm

Re: Voluntary repossesions after bankruptcy

First if you filed a reaffirmation agreement you are still liable for the debt. If you did not sign and file a reaffirmation agreement you should be able to surrender the car. I do not know where you are located as different courts in different areas of the state may look at this different.

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Answered on 6/22/01, 8:16 pm


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